Up in the Air

After waiting in the U.S. for almost a decade for his asylum application to be approved, with a valid employment permit and a court date set for 2027, Sarah Lachman’s client was recently arrested on his way to work. “There were three days where his family had no idea where he was, because we tried to call and they were not giving us information,” says Lachman, the founder of Lachman Law in New York City. “And it took another three days before we saw his name appear in another detention center.”

Immigration approvals have never been easy, attorneys say. But stricter policies, processes and enforcement measures have further muddied the process, even for those who have entered the U.S. legally. “The biggest frustration is the state of uncertainty,” Lachman says. “It makes it difficult to know how to advise clients, because things could change week to week.”

The call volume for New York immigration attorneys, including Elliot Rahimi of Rahimi Law Firm, has drastically increased in recent months, particularly from clients who are worried about being deported. “We have clients who are very scared,” he says. “And they’re calling us every single day.” 

During the Biden administration, says Rahimi, if the government didn’t have a strong case against an undocumented immigrant, there was an option to dismiss the case via prosecutorial discretion, which often happened in pending asylum matters for those fleeing abuse or persecution in their own countries. “Under this new administration, the U.S. government is not willing to stipulate any form of dismissal, and they want to litigate every single case at trial,” he says.

“It’s pretty messy right now because all gloves are off,” he adds. “The government really has an interest now to deport people.”

Likewise, immigrants who overstay the allotted time on their temporary visas due to slow application approvals are not likely to get a reprieve. Temporary protective status has also been revoked for Afghans, Venezuelans and other nationals, and the Trump administration’s so-called “Muslim ban” has made it nearly impossible for immigrants from certain countries to obtain visas to enter the U.S. in the first place. One of Rahimi’s American clients has applied for a visa for his Iranian fiancée, but, says Rahimi, “Because she’s an Iranian national, she might not be able to get a visa now.”

“We have people that have been waiting years to hear an answer and when they try to go to court, ICE agents want to detain them on their way out,” Lachman says. “So while they’re trying to do the right thing, they’re being met with blocks in the legal system.”

Now more than ever, lawyers say, it’s important to work with an attorney who handles immigration-related matters. Beware of “lawyers” without credentials who say they can help. “The clients are being misled, because the people running these agencies are just consultants,” says Rahimi.

A few types of immigration approvals are proceeding—although more slowly—including asylum-based work permits and naturalization cases. Marriage-related green cards are on track but now require time-consuming interviews in a federal government office. “We’re still getting a lot of visas approved,” Rahimi says.

Adds Lachman: “In general, skilled workers are still getting approvals.”

It’s important to recognize the difference between the average immigrant and “criminal aliens who commit very, very heinous acts,” Rahimi says. “I want my future kids to grow up in a country where the people abide by laws, and I understand the government’s concern. … But I’m talking about the people that have been here for 10 years or more, they pay taxes, have no criminal history—those people are the backbone of this country.”

Still, Rahimi points out, “In such a time of darkness for my clients, I always try to instill hope.”

Lachman recently handled a tricky green card application, and the client was approved despite the complex legal issues debated in court. “I’m very happy that, despite all the things going on, if we can argue the case really well, we are still seeing approvals on some difficult cases. That’s our little glimmer of hope.”