Precautions for Immigrants and Green Card Holders Under Stricter Immigration Policies

 

Photo: Markus Winkler

By Paul Szeto LLC            

The new Administration has adopted increasingly stringent immigration policies and enforcement practices. Whether you are a new immigrant, a green card holder, or someone in the process of applying for a green card, understanding and following the rules is more important than ever. Even lawful permanent residents (LPRs) face potential risks if they fail to meet certain legal and procedural requirements.  Here are key precautions and steps immigrants should take to protect their status:

Avoid Prolonged Absences from the U.S.

Spending extended periods outside the U.S. (typically more than 6 months) may be seen as abandoning your green card. If you must travel, keep trips under six months when possible. For longer stays, apply for a Reentry Permit as early as possible.  The processing time now is about 14 months.  You should also maintain ties to the U.S. including a residence, employment, bank accounts, and tax filings. 

File Your Taxes Correctly and On Time

Failure to file U.S. tax returns or falsely claiming non-resident status can raise red flags. In general, always file as a U.S. tax resident if you're a green card holder.  You should report world-wide income too.  Avoid claiming tax benefits (like foreign earned income exclusions) that conflict with your residency status.

Avoid Criminal and Immigration Violations

Even minor infractions can have severe immigration consequences. Be especially cautious with DUI or drug offenses, domestic violence, and fraud (e.g., marriage, employment, or benefit fraud).  If you’re charged or arrested, consult both a criminal defense lawyer and an immigration attorney immediately.

Keep Your Immigration Records in Order

Keep copies of your green card, visas, I-94 records, I-20s, and other key immigration documents.  Report address changes to USCIS within 10 days using the Form AR-11). Willful failure to report address change is a ground for deportation.  Renew your green card on time (every 10 years or upon expiration).

Be Cautious on Social Media and Public Statements

Immigration officers may review public social media activity when adjudicating visa, green card, and naturalization applications. Avoid posting political or inflammatory content that may suggest violence or anti-government sentiment.  Also avoid posts that would suggest unauthorized work or conflicting lifestyle claims.

Consider Naturalization If Eligible

Becoming a U.S. citizen provides the strongest protection against removal or deportation. If you’ve had your green card for at least 5 years (or 3 years if married to a U.S. citizen), and meet residency and good moral character requirements, applying for naturalization is a wise step.

Stay Informed and Seek Legal Help When Needed

Immigration policy can shift quickly. Regularly check updates from reliable sources or subscribe to alerts from Immigration Blogs or USCIS. If you're unsure about how a policy may affect you, consult a qualified immigration attorney rather than relying solely on online forums or hearsay, as policies change regularly. 

Conclusion

In a time of increased scrutiny and evolving immigration rules, staying informed and proactive is essential. Green card holders and immigrants alike should protect their legal status by avoiding common pitfalls, maintaining strong ties to the U.S., and seeking citizenship if eligible. The margin for error is smaller than ever, but with preparation and care, you can safeguard your future in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Details of the New Alien Registration Requirement

 

On March 12, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) regarding the new alien registration requirement recently announced. This new rule will take effect 30 days after receiving public comments.

Registration Requirements

The new rule requires all non-citizens aged 14 years or older who were not registered and fingerprinted (if required) when applying for a U.S. visa to apply for registration and fingerprinting. If a person is under the age of 14, it is the responsibility of their parents or legal guardians to ensure they are registered. Within 30 days of reaching their 14th birthday, previously registered individuals must apply for re-registration and provide fingerprints.

A person must provide personal information, including their address and fingerprints, during the registration process. Additionally, if a foreign national has changed their address, they must file a written report of the change with USCIS within 10 days of the change.

Potential Penalties for Non-Compliance

Willful failure to register, provide fingerprints, or provide fraudulent information is a misdemeanor. The offender may be punished with fines up to $1,000, imprisonment for up to six months, or both. Parents and legal guardians are liable for violations committed by their children. Individuals who fail to provide written notice of a change of address are subject to fines of up to $1,000, imprisonment for up to six months, or both. Willful failure to report an address change may also lead to deportation. The unlawful and willful use of counterfeit documents can result in fines of up to $5,000, imprisonment for up to five years, or both.

Who Needs to Register and Provide Fingerprints?

All non-citizens aged 14 or older who remain in the United States for 30 days or longer must register with the U.S. government. Visitors, including Canadians who travel into the U.S. and do not receive a Form I-94, must register if they stay for 30 days or longer. Canadians entering the U.S. for short visits of less than 30 days do not need to register.

Exemptions from Registration

Individuals who have been issued U.S. visas and who have already been registered and fingerprinted through their visa application do not need to register. Holders of A or G visas are also exempt. American Indians born in Canada, who possess at least 50% Native American blood and are present in the U.S. under the authority of 8 USC 1359, are also exempt.

Note: If a green card holder is outside the U.S. when they turn 14, the individual must apply for registration and provide a photograph within 30 days of returning to the U.S.

How to Register

Non-citizens can file Form G-325R, Biographic Information (Registration), online by creating a MyUSCIS account. After submitting Form G-325R, a Biometrics Services Appointment will be scheduled at a USCIS Application Support Center. Once registration is complete, the individual will be able to download and print proof of registration, which they are required to carry with them at all times.

Failure to Carry Proof of Registration

Non-citizens aged 18 years or older must carry proof of their registration and fingerprinting at all times. Failure to do so could result in a misdemeanor punishable by fines, imprisonment, or both. Evidence of registration includes the following documents: Form I-551 (U.S. Green Card), Form I-94 (Arrival-Departure Record), Form I-95 (Crewmen’s Landing Permit), Form I-184 (Alien Crewman Landing Permit and Identification Card), Form I-185 (Nonresident Alien Canadian Border Crossing Card), Form I-186 (Nonresident Alien Mexican Border Crossing Card), Form I-221 (Order to Show Cause and Notice of Hearing), Form I-221S (Order to Show Cause, Notice of Hearing, and Warrant of Arrest of Aliens), Form I-766 (Employment Authorization Document), Form I-862 (Notice to Appear), Form I-863 (Notice of Referral to Immigration Judge), valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport, and proof of registration upon submission of Form G-325R and completion of biometrics.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

April 2025 Visa Bulletin: EB-2 & EB-3 Advance; EB-5 Retrogresses Significantly

There are moderate advancements in most categories in the April 2025 visa bulletin. 

Most of the family-based priority dates advance by more than 2 months.

For employment-based petitions, India EB-2 and EB-3 advance by 1 month and 2 months respectively. China EB-2 advances by 146 days, and EB-3 advances by 3 months. However, both India and China EB-5 experience sharp retrogression of more than 2 years. 

EB-4 becomes “unavailable” due to the exhaustion of annual visa numbers. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	03/15/2016	03/15/2016	03/15/2016	01/01/2005	07/15/2012
	FD	09/01/2017	09/01/2017	09/01/2017	04/01/2006	04/22/2015
F2A	AD	01/01/2022	01/01/2022	01/01/2022	05/15/2021	01/01/2022
	FD	10/15/2024	10/15/2024	10/15/2024	10/15/2024	10/15/2024
F2B	AD	07/22/2016	07/22/2016	07/22/2016	01/01/2006	01/22/2012
	FD	01/01/2017	01/01/2017	01/01/2017	04/01/2007	10/01/2013
F3	AD	04/01/2011	04/01/2011	04/01/2011	01/15/2001	03/22/2003
	FD	07/22/2012	07/22/2012	07/22/2012	06/15/2001	09/22/2004
F4	AD	08/01/2007	08/01/2007	06/15/2006	03/15/2001	01/01/2005
	FD	04/01/2008	04/01/2008	10/01/2006	04/30/2001	01/01/2008

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	11/08/2022	02/15/2022	C	C
	FD	C	01/01/2023	04/15/2022	C	C
EB-2	AD	06/22/2023	10/01/2020	01/01/2013	06/22/2023	06/22/2023
	FD	08/01/2023	11/01/2020	02/01/2013	08/01/2023	08/01/2023
EB-3	AD	01/01/2022	11/01/2020	04/01/2013	01/01/2023	01/01/2023
	FD	03/01/2023	11/15/2020	06/08/2013	03/01/2023	03/01/2023
Other Workers	AD	05/22/2021	04/01/2017	04/01/2013	05/22/2021	05/22/2021
	FD	06/22/2021	02/01/2018	06/08/2013	06/22/2021	06/22/2021
EB-4*	AD	Unavailable	Unavailable	Unavailable	Unavailable	Unavailable
	FD	02/01/2021	02/01/2021	02/01/2021	02/01/2021	02/01/2021
EB-5	AD	C	01/22/2014	11/01/2019	C	C
	FD	C	10/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for EB-4 category become “Unavailable” due to the exhaustion of annual visa numbers. 

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Alien Registration Requirement

 

To implement President Trump's January 20, 2025 Protecting the American People Against Invasion executive order, the U.S. Citizenship and Immigration Services (USCIS)  recently introduced a new requirement for noncitizens in the United States: they must register their personal information such as fingerprints and address with the U.S. government. The reporting requirement is based on Section 262 of the Immigrant and Nationality Act. 

Who is subject to the registration requirements?

All non-U.S. citizens over the age of 14 who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the end of the 30 days.  Parents or legal guardians must register for their children under the age of 14.  Children who have previously registered must re-register and provide fingerprints within 30 days after their 14th birthday.

However, for individuals who are legally present in the U.S., they should have already registered. These individuals include: Green Card holders, visa holders, parolees, employment authorization recipients, and individuals in removal proceedings. 

Who is likely not registered?

The USCIS announcement specifically singles out the following groups of individuals as not having registered yet:  

• Those who entered the U.S. without inspection
• Canadians who entered at a land port and were not issued evidence of registration
• Those who applied for newer immigration benefits (e.g., DACA and TPS)

How to register?

The announcement states that an Interim Final Regulation will be published to provide more details about the registration requirement and process.  Foreign nationals are supposed to create a MyUSCIS account on USCIS website to register using the G-325R as early as February 26, 2025 to get ready for registration.  The is no cost for registration.

Different address reporting requirement

Non-citizens should not confuse the new requirement with the address reporting requirement.  Under INA Section 265(a), all non-citizens (including permanent residents) must report their new address in writing to the Department of Homeland Security within 10 days of change.  They may do so by completing the AR-11 form or through their MyUSCIS account.  This is a separate reporting requirement. Willful failure to comply can be a ground for deportation. 

Summary

The new registration requirements is another way for the Trump Administration to strictly enforce immigration laws. Registration does not confer any legal status or employment authorization.  It is unclear what the penalties are for non-compliance.  According to INA 266, willful non-compliance can lead to significant penalties, including misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Rights of Immigrants, Documented or Undocumented

 

Immigrants, regardless of their legal status, have certain rights when interacting with Immigration and Customs Enforcement (ICE) officers. The rights vary depending on the situation (e.g., at home, at work, while driving, or in public) and whether the immigrant is in the U.S. legally or not.  ICE officers are just doing their job.  Try to cooperate with them whenever possible without sacrificing your rights. Here’s a breakdown of their rights:

1. At Home

• Warrant: ICE officers generally need a warrant to enter your home.
  • Search Warrant: To search or arrest someone in your home, ICE must have a search warrant signed by a judge.
  • Arrest Warrant: For an arrest in your home, they need an arrest warrant specifying your name.
• You Can Refuse Entry: If ICE doesn’t have a warrant, you can refuse them entry. Politely ask to see their warrant before allowing them inside. However, if you allow them to enter, then they may question occupants' immigration status.
• Remain Silent: You have the right to remain silent. You do not have to answer questions about your immigration status.
• Legal Advice: You can ask to speak with an attorney before responding to questions or consenting to any searches.

2. At Work

• No Warrant or Consent: In most situations, ICE cannot enter your workplace without a warrant or your consent.
• Workplace Raids: If ICE arrives with a valid warrant or if they are conducting a raid, employees do not have to answer questions about their immigration status.
• Remain Silent: You have the right to remain silent.
• Do Not Sign Documents: Do not sign anything without consulting an attorney, as doing so may waive certain rights.

3. While Driving

• Ask if You Are Free to Leave: If stopped by ICE officers while driving, you can ask, “Am I free to leave?” If the answer is yes, you can leave without further questions.
• Show ID: If asked for identification, you are required to show your driver's license or state ID. You are not required to provide information about your immigration status unless ICE has a valid warrant or other legal authority.
• Avoid Consent to Search: You can refuse consent to search your vehicle unless the officers have probable cause or a warrant.

4. In Public (On the Street)

• You Have the Right to Remain Silent: You do not have to answer questions about your immigration status in public.
• Avoid Voluntary Consent: You do not have to provide your immigration status to ICE officers. If stopped, you have the right to ask if you are free to go.
• Avoid Signing Documents: Never sign any documents without speaking to a lawyer, especially documents that waive your rights.

General Rights for All Immigrants

• Right to Remain Silent: Immigrants have the right to remain silent and not answer questions about their immigration status.
• Right to an Attorney: You have the right to consult an attorney. If detained, you can request a public defender.
• Protection from Unlawful Detention: ICE officers cannot detain you without cause. If detained, you can ask why you are being detained and request your rights.

For Legal Immigrants (Green Card Holders, Visa Holders, etc.)

• Show Proof of Legal Status: If you are a legal immigrant, you can present your immigration documents (green card, visa, etc.) to demonstrate your lawful status.
• Rights Against Deportation: Legal immigrants have more protection from deportation, but they can still be detained or questioned if ICE suspects fraud or violations of immigration law.

For Undocumented Immigrants

• Remain Silent: You do not have to answer questions regarding your immigration status.
• Avoid Consent: You do not have to consent to any searches or allow ICE to enter your home without a warrant.

Never argue with law enforcement officers. Cooperate as much as possible. But it is also important for individuals in such situations to be informed about their rights and, if possible, consult with an immigration attorney.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Dependents Green Card Applications After Passing of the Principal Applicant

 

The loss of a loved one is one of the most difficult experiences in life.  When the person lost is also the anchor person for the family's immigration case, the impact is even more drastic.  Many foreign families depend on the principal applicant's immigration petition, typically filed by a U.S. employer.  When the principal applicant of an I-140 visa petition passes away, the family loses not only a major financial support but also the possibility of applying for U.S. permanent residency.  Fortunately, Section 204(l) of the Immigration Act provides relief to certain surviving beneficiaries of immigration petitions, including family members of an I-140 petitioner who dies before their adjustment of status is approved. This provision allows certain qualified beneficiaries to continue with the immigration process despite the petitioner’s death, rather than automatically having their case denied.

Who Can Benefit from INA § 204(l)?

Surviving family members of an employment-based petitioner (I-140) can still obtain a green card if they meet the certain conditions.  Specifically, the family members must be residing in the U.S. when the principal beneficiary (foreign worker) dies.   Residing here means actual, continuous physical presence.  Further, they must also continue to reside in the U.S. in order not to abandon their residency.   Eligible surviving beneficiaries include the derivative beneficiaries (spouse and children of the foreign worker) if the principal beneficiary dies before the family is able to adjust status. 

Further, this law also applies if the U.S. employer (petitioner) dies.  This applies when the petitioner is an individual.  In that case, the principal beneficiary (foreign worker) must also establish residency in the U.S.  Since most employment petitions are filed by legal entities such as corporations, limited liability companies, etc., this scenario is uncommon. 

How does INA § 204(l) Works for I-140 Petitions

Employer Dies Before I-140 Approval:  If an employer files an I-140 petition for a foreign worker, but the employer dies before the I-140 is adjudicated, USCIS may still approve the petition under INA § 204(l), provided the beneficiary meets the residency requirements.

Foreign Worker Dies Before Adjustment of Status: If the principal beneficiary (foreign worker) dies before adjusting status, INA § 204(l) allows their spouse and children (derivative beneficiaries) to continue with the process and apply for a green card if they were in the U.S. at the time of death.

Practical Considerations

There is no formal application mechanism for survivors to apply for Section 204(l) benefits.  Legally speaking, death of the petitioner (employer) or the principal beneficiary (foreign worker) automatically results in the revocation of an approval I-140 petition, or cancels the petition if its still pending.  Beneficiaries must notify USCIS of the petitioner's death and affirmatively request relief under INA § 204(l).  Further, it is important to note that Section 204(l) relief is discretionary. In other words, the government could deny relief if there are negative factors in the case.  

Other Options

INA § 204(l) provides a critical lifeline for surviving family members of employment-based I-140 petitioners, ensuring that their path to a green card is not automatically terminated due to the death of the employer or the principal beneficiary. However, approval is discretionary, and beneficiaries must meet the residency and procedural requirements to benefit from this relief.  If INA § 204(l) does not apply (e.g., the beneficiary was not in the U.S. at the time of death), then survivors should consider other options. For example, humanitarian reinstatement under the regulation may be an alternative for certain family-based petitions (but not I-140 cases).

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The 2025 H-1B Lottery: What Employers and Applicants Need to Know

 

        The annual H-1B visa lottery for the fiscal year 2026 will be conducted in March 2025. It is a critical moment for U.S. employers and skilled foreign workers. This annual lottery process determines which applicants will have the opportunity to apply for H-1B visas, a highly sought-after nonimmigrant visa category that allows U.S. employers to hire foreign professionals in specialized occupations such as technology, engineering, finance, and healthcare. In the 2024 lottery, more than 470,000 eligible registrations competed for only 85,000 visas (65,000 regular cap and 20,000 master cap).  Given the competitive nature of the H-1B cap, understanding the latest changes and preparation strategies is essential for both employers and applicants.

Key Changes to the 2025 H-1B Lottery

1. Increased Registration Fee

        Starting in March 2025, the H-1B electronic registration fee will increase from $10 to $215 per beneficiary. This fee increase is part of USCIS’s broader effort to cover operational costs and also discourage frivolous registrations. Employers should account for this cost adjustment when budgeting for multiple registrations.

2. New Beneficiary-Centric Selection Process

        To prevent fraud and duplicate submissions, USCIS will continue to use a beneficiary-centric lottery system. Each beneficiary will only be entered once into the lottery, regardless of the number of sponsoring employers.  This change aims to create a fairer system, preventing individuals from gaining an unfair advantage by securing multiple registrations.

3. Enhanced Anti-Fraud Measures

        Employers must now provide additional verification details to confirm the authenticity of their H-1B registrations.  USCIS will scrutinize registrations more rigorously to ensure compliance with genuine job offers and employer eligibility requirements.

4. Stricter Compliance with Specialty Occupation Criteria

        USCIS continues to refine the definition of specialty occupation to ensure that only those roles requiring highly specialized knowledge qualify.  Employers must provide clear job descriptions and demonstrate that a bachelor’s degree or higher in a relevant field is normally required for the position.

Tips for Employers and Applicants

        In addition to these changes, the Trump Administration is expected to implement tougher standards when adjudicating H-1B petitions.  Employers and applicants should take precautions to avoid denials and/or Requests for Evidence.  

       Employers must prepare job descriptions carefully to ensure that H-1B job roles align with USCIS’s definition of a specialty occupation.  They should also confirm that beneficiaries meet educational and professional experience requirements before submitting registrations.  Many selected cases were denied because the employee lacks the required qualifications.  If an employee is already present in the U.S., their immigration status must be legal in order to change status to H-1B.  Finally, employers should work closely with immigration attorneys to ensure that all registrations comply with the new rules, reducing the risk of rejection.

        Employees much also take actions early on.  First, an employee must ensure that their employer is registered with the USCIS system and is willing to sponsor their H-1B petition.  Next, they should organize their documents carefully, including degree certificates, transcripts, job offer letters, and work experience letters, certificates, etc., in advance.   

        Staying informed on the lottery timeline is also critical:  the H-1B cap registration period will open at noon EST on March 7 and run through noon EST on March 24, 2025 this year.  Employers may only enter employee registrations during this window.

        Prospective applicants should also consider alternative visa options early on.  Given the competitive nature of the H-1B lottery, applicants should also consider O-1, L-1, or employment-based green card options, such as EB-2 NIW or PERM labor application, if they are eligible.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

2025 Poverty Guidelines for Affidavit of Support (I-864)

 

To sponsor a family member for U.S. immigration, one must provide proof of financial support and execute a document called Affidavit of Support (Form I-864). This document is an agreement between the sponsor and the U.S. government certifying that the sponsor agrees to provide financial support for the immigrant beneficiaries and also that the sponsor has sufficient resources to do so.

So, how much money is required to sponsor somebody for U.S. immigration? Every year, the U.S. Department of Health and Human Services (HHS) publishes the poverty guidelines for mainland America and also Alaska and Hawaii. For U.S. immigration purposes, the sponsor's household income must generally be at or above 125% of the U.S. poverty line for their particular household size. The latest poverty guideline for 2025 has been published just now in mid-January. Let's take a closer look to see how it works. 

For example, as shown by the 2025 guidelines below, for a household size of 3, the sponsor's annual income must be at least US$33,313 in most states and U.S. territories except Alaska and Hawaii, which have higher income requirements. The household size includes the total number of immigrants being sponsored and also the sponsor and his/her dependents.

Size of Household	48 Contiguous States,D.C., U.S. Virgin Islands,Guam & CNMI	Alaska	Hawaii
125% of Poverty Line (U.S. dollars)
2	26,438	33,038	30,400
3	33,313	41,638	38,313
4	40,188	50,238	46,225
5	47,063	58,838	54,138
6	53,938	67,438	62,050
7	60,813	76,038	69,463
8	67,688	84,638	77,875
	Add $6,875 for each additional person	Add $8,600 for each additional person	Add $7,913 for each additional person

Normally, the petitioner must act as the sponsor in the I-864 form.  If the petitioner's income level is insufficient, a joint sponsor may provide additional financial support.  Both the petitioner and beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements. 

The financial sponsor must be either a U.S. citizen or legal resident. Further, the sponsor must be domiciled in the United States. It means that the sponsor must regard the United States as his or her permanent home.  

Meeting these criteria is essential for a successful immigration process. If you have any questions regarding the financial support requirements for the green card process, it's advisable to contact an experienced immigration lawyer.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)