What Can We Expect for Family-Based Immigration Cases Under the Incoming Trump Administration?

As the Trump administration prepares to take office in January, immigration attorneys and families across the nation are bracing for major policy shifts. Based on campaign promises and the Project 2025 blueprint—a strategic plan published by conservative think tanks to shape the federal government—family-based immigration is likely to face significant challenges.

Here’s what applicants and petitioners should prepare for:

A. Delayed Processing Times

Under the previous Trump administration, processing times for family-based petitions, including Form I-130 and adjustment of status applications, grew significantly. This trend is expected to return, with delays caused by heightened scrutiny, increased administrative hurdles, and reduced staffing at USCIS. Longer wait times could mean extended periods of uncertainty for families.

B. Increase in Requests for Evidence (RFEs)

Requests for Evidence (“RFEs”) are formal notices requesting additional documentation to support an immigration application. Under the prior Trump administration, USCIS dramatically increased the number of RFEs issued, often seeking excessive or repetitive evidence. This tactic is expected to resurface, placing additional burdens on applicants to prove eligibility for family-based immigration benefits.

C. Mandatory Interviews

Under the current Biden administration, for many family-based petitions, the USCIS officer reviewing the cases had discretion to waive the formal interview. This is true especially when the evidence provided is sufficient to approve the case without an interview. Under the new Trump administration, we anticipate a policy of mandatory interviews for all family-based green card petitions—potentially including cases with no red flags. This policy would further strain USCIS resources and create additional delays in the system. Applicants should prepare for longer wait times before receiving interview notices and approvals.

D. Higher Rate of Denials Based on Discretion

One of the hallmarks of the Trump-era immigration system was the heightened use of officer discretion to deny applications. In all immigration cases filed with the U.S. government there has always been an element of discretion. This gives the USCIS officer the ability to deny an application based on an “unsavory” factor, such as a criminal conviction, arrest, DWI or other factor deemed unsatisfactory. We anticipate a major shift towards discretion based denials, which will certainly result in denials of cases that would otherwise be approved under prior administrations.

E. Higher Rate of Visa Denials at U.S. Embassies/Consulates Abroad

For families applying through consular processing, visa denials are expected to rise. Under the Trump administration, U.S. embassies and consulates abroad adopted stricter standards, often refusing visas based on public charge concerns, perceived fraud, or discretionary factors. This pattern may return, impacting those applying for fiancé visas, spousal visas, and other family-based visas. Unfortunately, unlike the Adjustment of Status process, visa review cases are under an “approve” or “deny” standard with no means for an appeal if the visa is denied. Accordingly, this can result in long wait times with a visa denial, requiring the applicant to start the process over again if they wish to seek a visa again.

The Path Ahead

While the exact impact of the incoming administration remains uncertain, Project 2025 and campaign trail promises provide a clear indication of the restrictive policies likely to be implemented. Families should prepare for a system that may grow more complex, slower, and less predictable.

Navigating family-based immigration will require patience, diligence, and competent legal guidance. If you are interested in filing a family-based petition, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to navigate these uncertain times.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.