‘Fear Is the Overarching Theme Right Now’

Emily Reber-Mariniello reflects on current immigration law policies

Published in 2026 Washington Super Lawyers magazine

By Steph Weber on March 1, 2026

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For the elderly Iranian couple, traveling from Tehran to Abu Dhabi for a visa interview was neither easy nor inexpensive. But it was one of the final steps toward reuniting with their only son in the United States.

Unfortunately the interview took place in early 2026. Shortly afterwards, on Jan. 14, President Trump issued a proclamation indefinitely freezing visa processing for dozens of countries, including Iran. Their case was put on hold. “If their interview had been a week earlier, they might be here today with their son,” says their attorney, Emily Reber-Mariniello of ERM Immigration Law in Seattle.

More than a decade after taking on her first immigration client—her husband—Reber-Marinello says stories like this are increasingly common, while the process has become far less predictable.  

“Fear is the overarching theme right now,” she says.  

Many clients worry that simply starting the paperwork will trigger heightened scrutiny. Others have had interviews abruptly canceled after years of waiting. “There’s been no change to immigration law,” Reber-Mariniello says. “But the way the policy is being applied, especially over the last year or so, lacks transparency and consistency.” 

She’s seen similar disruptions in employment-based cases. One client—a physician, scientist and professor originally from Iran who specializes in pathology—had been living in Canada with his family for years before coming to the U.S. In seeking permanent residency, he demonstrated he was among the top 2% of experts in his field, a standard used for certain employment-based immigration categories. He and his family completed their interviews before the proclamation took effect, but a decision was not issued in time.  

“They are left in limbo, along with the scientific research and patients that rely on him,” she says. “It’s irrational to pause the adjudication of their residence based on national security concerns, considering they have been in the U.S. for many years and will remain here until their current status runs out.” His employer can request an extension, but unless the presidential proclamation is lifted, he will lose his right to work after 240 days.

“One has to wonder whether the goal is national security or to force out nationalities that this government would prefer to exclude from the U.S. in broad strokes,” she says. “While we see a lot in the media about the violent deportations, this is a more subtle form of exclusion that will have serious consequences for education, innovation and our economy for years to come.”  

She adds: “These policies are ham-fisted, cruel and misguided—but not surprising. While effective at meeting this administration’s policy goal of curbing immigration, it is at the expense of innovation, economic growth and our humanity.”

Misinformation and fears fueled by ICE enforcement have also changed her approach. She spends twice as much time setting expectations, explaining next steps and offering reassurance. “You don’t want people making life decisions from that fight-or-flight place,” she says. “A lot of what’s circulating isn’t accurate and doesn’t represent most clients’ experiences, but it still affects how they make decisions.”

Clients must evaluate the degree of risk they are willing to take, as immigration delays can lead to missed job opportunities and affect major life decisions, even family planning. “The outcome’s not as simple as A plus B equals C. You always need to do a risk analysis,” Reber-Marinello says.

Amid shifting policies and longer processing times, she adds, some people have given up: “What was reasonable yesterday might not be reasonable tomorrow.”

Reber-Mariniello regularly consults with other immigration attorneys to find out what’s working and what isn’t. Some are turning to federal litigation to challenge delays or inconsistent decisions, or are adjusting their strategies week to week.

The stakes, she knows, are huge. “Clients are putting their lives and their futures in your hands,” she says. “You have to step back and put yourself in their shoes.”


Anemones, A Love Story

As tough as immigration work is right now, Reber-Mariniello came to it out of love. While vacationing in Italy, she got stung by a sea anemone, and it led to a conversation with a lifeguard. Within a year, she and the lifeguard were married; she then taught herself immigration law by handling his green card process. “I had no idea what I was doing and wanted to hire an immigration attorney,” she recalls. “But my husband said, ‘You’re a lawyer. Why would we hire someone?’”

She founded ERM Immigration Law in 2012. Her husband now works in the hospitality industry, and the couple have two daughters.

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Emily Reber-Mariniello

Emily Reber-Mariniello

Top rated Immigration lawyer ERM Immigration Law, PLLC Seattle, WA

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