Federal Government to Accept New DACA Applications for First Time in Four Years?

Overview — What Just Happened and Why It Matters

For the first time since 2021, the U.S. government looks ready to to reopen the Deferred Action for Childhood Arrivals (DACA) program to accept new first-time applications. The DACA program was created by the Obama administration in 2012. This marks a pivotal moment in U.S. immigration policy — one that could impact hundreds of thousands of young immigrants, often known as Dreamers, who entered the United States as children and have lived here for most of their lives.

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) is sending signs the agency will once again accept and process initial DACA applications and initial DACA requests, following a years-long legal battle. This legal battle included Texas suing the federal government to challenge DACA, with the district court in the Southern District of Texas playing a key role in the proceedings. The new DACA position by the government, which addresses previous legal concerns raised in court, now allows USCIS to process initial DACA requests under the updated daca rule.

This development offers renewed hope for undocumented youth who have long awaited a chance to gain protection from deportation and obtain a work permit.

***Immigration Attorney Richard Herman: *** “For the first time since 2021, the U.S. government appears ready to  reopen the DACA program to first-time applicants, giving Dreamers renewed hope for protection and work authorization.  Stay tuned”

Understanding DACA — Origins and Legal Background

The Deferred Action for Childhood Arrivals (DACA) program was established in June 2012 through executive action by President Barack Obama, during the Obama administration. DACA was created through a regulatory process, often referred to as the DACA rule. It was designed as a temporary form of protection — a promise not to deport certain undocumented immigrants who were brought to the U.S. as children and who met specific conditions. Under DACA, eligible individuals can request consideration for deferred action, which temporarily defers removal from the U.S. and provides work authorization, but does not grant lawful immigration status. The program has remained legally vulnerable, facing a years-long legal battle over its legitimacy and implementation.

What DACA Does

  • Protects eligible individuals from deportation for renewable two-year periods. DACA is a form of deferred action that defers removal (deportation) for those who qualify.
  • Grants recipients eligibility for work authorization and certain state benefits.
  • Does not provide a pathway to citizenship or permanent residency.
  • Public safety concerns, such as certain criminal convictions, can disqualify applicants from DACA.
  • Undocumented students are among the primary beneficiaries of DACA.

Since its creation, nearly 800,000 Dreamers have benefited from DACA, allowing them to pursue education, careers, and community involvement in the only country many have ever known.

However, DACA’s legal foundation has always been fragile, resting on prosecutorial discretion rather than congressional statute. That vulnerability led to years of lawsuits, policy reversals, and federal court injunctions.

Key Legal Challenges

One of the most significant legal cases is Texas v. United States, which was heard in the district court for the Southern District of Texas. In this case, Texas sued the federal government to challenge the legality of the DACA rule. Judge Hanen presided over the case and issued key rulings that have shaped the program’s future. This years-long legal battle has involved challenges to different versions of the DACA rule, including the new DACA rule, and has resulted in ongoing litigation. Courts have repeatedly found procedural faults in how the program was implemented, limiting USCIS’s ability to process new applications while allowing renewals to continue, especially during the relevant fiscal year(s) when these court decisions took effect.

Why New DACA Applications Were Blocked for Years

From 2021 through 2025, federal injunctions prevented USCIS from approving any new first-time DACA requests. During this period, USCIS was allowed to process only renewals and not initial applications. DACA renewal requests continued to be accepted and processed, meaning that current DACA recipients and other DACA recipients could maintain their status by submitting renewal applications before their expiration date. USCIS continued to process DACA renewal requests but could not process initial DACA requests. Here’s why: In early October 2025, the DOJ filed a plan with a federal court aiming to restart the acceptance of new, initial DACA applications.

Timeline of Legal Barriers

  • 2020–2021: The Supreme Court temporarily revived DACA after the Trump administration’s attempt to end it was ruled “arbitrary and capricious.” This marked another chapter in the years-long legal battle over the DACA rule.
  • July 2021: Judge Hanen, presiding in the district court for the Southern District of Texas, ruled that DACA was unlawful, halting approval of new applications.
  • 2022–2024: The Fifth Circuit Court of Appeals upheld much of the lower court’s reasoning, sending the case back for further review in the Southern District, continuing the protracted years-long legal battle.
  • 2025: With administrative reforms and updated DHS rules, the federal government gained room to resume processing new requests under the new DACA rule, which introduced regulatory changes differing from the original DACA rule.

During this period, renewals remained intact, but new applicants — those who had aged into eligibility — were left in limbo.

What Changed in 2025 — The Legal and Political Shift

In 2025, several key developments converged to make reopening possible:

  1. DHS Final Rule (New DACA Rule): The Department of Homeland Security issued a final rule, known as the new DACA rule, codifying DACA into formal regulation. This regulatory process established the DACA rule and addressed procedural concerns raised by courts.
  2. Court Guidance: The district court in the Southern District of Texas, presided over by Judge Hanen, provided guidance on the implementation of the new DACA rule. While litigation continues, the district court allowed limited reopening under the updated framework. As a result, the government can now process initial DACA requests under the new rule, and new applicants outside of Texas may finally have their requests processed if the federal judge approves the government’s plan.
  3. DOJ Strategy: The Department of Justice (DOJ) adopted a narrower litigation position emphasizing executive discretion.
  4. Advocacy Pressure: Civil rights organizations — including the National Immigration Law Center and National Immigration Project of NLG — pushed for immediate reinstatement.

Politically, both Congressional inaction and state-level lawsuits shaped the outcome. While Congress has yet to pass the Dream Act, administrative reform provided temporary relief.

Who Can Apply Now — DACA Eligibility Criteria for First-Time Applicants

Under potential 2025 DHS guidance, first-time applicants must meet the following eligibility criteria:

  • Be an undocumented student or individual who entered the U.S. before their 16th birthday and has continuously resided in the U.S. since June 15, 2007.
  • Be physically present in the U.S. on June 15, 2012, and at the time of making a request for consideration of deferred action for childhood arrivals (DACA).
  • Have no lawful status on June 15, 2012.
  • Meet certain educational requirements, such as being enrolled in school, having graduated, obtained a GED, or being an honorably discharged veteran of the Coast Guard or Armed Forces.
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If the program is relaunched, undocumented students and others who meet these criteria may request consideration for DACA. If approved, the applicant becomes a DACA recipient, is granted deferred action, and DHS will defer removal (deportation) from the U.S. for a renewable period. DACA recipients are also eligible for work authorization, providing protection from deportation and the ability to work legally in the United States.

Basic Requirements

  • Must have entered the U.S. before age 16.
  • Must have continuously resided in the U.S. since June 15, 2007.
  • Must have been physically present in the U.S. on June 15, 2012.
  • Must be under age 31 as of June 15, 2012.
  • Must currently be in school, have graduated, obtained a GED, or be an honorably discharged veteran.
  • Must have no felony convictions, significant misdemeanors, or multiple minor offenses.

Learn more about getting legal help for your immigration issues.

Inadmissibility and Risk Factors

Applicants with serious criminal records, national security issues, or fraudulent documents may be disqualified. Public safety concerns, such as certain criminal convictions, can also lead to denial of DACA. A significant misdemeanor conviction is disqualifying for DACA eligibility. Minor traffic offenses typically do not bar eligibility, but legal screening is vital before applying.

Immigration Lawyer Richard Herman: “To qualify for DACA in 2025, you must have entered before age 16, lived in the U.S. since 2007, and have a clean criminal record.”

Step-by-Step Guide to Applying for DACA in 2025

Here’s how eligible Dreamers can prepare  for DACA 2025:

Applicants must request consideration for deferred action by submitting the required forms and supporting documents to USCIS. As of now, USCIS is able to process initial DACA requests, allowing first-time applicants to participate in the application process.

Step 1: Complete Required Forms

Applicants must file three forms together:

  1. Form I-821D – Consideration of Deferred Action for Childhood Arrivals
  2. Form I-765 – Application for Employment Authorization
  3. Form I-765WS – Worksheet establishing economic need

These forms are available at the USCIS DACA Hub.

Step 2: Gather Supporting Evidence

Include:

  • Proof of identity (passport, school ID)
  • Proof of entry before age 16
  • Proof of continuous residence since June 15, 2007
  • Education or military service records

Step 3: Pay Filing Fees (when program reopens)

The current total fee is $495, which covers both deferred action and the work authorization.

Step 4: Submit to USCIS (when program reopens)

Mail the full package to the correct USCIS Lockbox address, depending on your location.

Step 5: Attend Biometrics Appointment (when program reopens)

Expect a notice for fingerprints and background checks.

Step 6: Wait for Decision

Processing times may vary, especially for first-time applicants. Applicants should monitor their USCIS account for updates.

Advance Parole — Traveling Abroad as a DACA Applicant

Advance Parole is a special travel authorization that allows current DACA recipients to leave the United States temporarily and return lawfully, provided their trip is for educational, employment, or humanitarian reasons. Under the DACA program, eligible recipients can apply for an Advance Parole document by submitting Form I-131, Application for Travel Document, to U.S. Citizenship and Immigration Services (USCIS). This process enables DACA recipients to participate in study abroad programs, attend work conferences, or visit family members in emergencies without jeopardizing their immigration status.

It’s important to note that traveling outside the U.S. without an approved Advance Parole document can result in the loss of DACA protections and denial of re-entry. The Trump administration previously restricted the issuance of Advance Parole for DACA recipients, but current policy allows those with active DACA status to apply. However, due to ongoing litigation and the recent Fifth Circuit Court of Appeals ruling, new applicants may face additional hurdles in obtaining Advance Parole, especially as the courts continue to review the DACA program’s legality.

Current DACA recipients should always consult with an accredited representative or experienced immigration attorney before making any travel plans. Legal guidance is essential to ensure compliance with all requirements and to avoid unintended consequences. As of now, the Fifth Circuit’s decision has not eliminated Advance Parole for current DACA recipients, but the situation remains fluid, and future court decisions could impact availability. For the latest updates, applicants should monitor official USCIS and Department of Homeland Security announcements.


Employment Authorization Document — Work Rights for DACA Recipients

The Employment Authorization Document (EAD) is a cornerstone benefit of the DACA program, granting recipients the legal right to work in the United States. DACA recipients can apply for an EAD by submitting Form I-765, Application for Employment Authorization, typically alongside their DACA renewal request. Once approved, the EAD is valid for two years and can be renewed as long as the recipient maintains DACA status.

Recent legal developments have introduced uncertainty for some DACA recipients, particularly those residing in Texas. In January 2025, the Fifth Circuit Court of Appeals ruled that the work permit component of DACA may be unlawful for Texas residents, creating challenges for those seeking to renew their employment authorization documents. While this decision currently affects only Texas, DACA recipients in other states can continue to apply for and renew their EADs through the standard process.

The Biden administration has called on Congress to enact a legislative solution that would provide permanent legal status and work authorization for DACA recipients, recognizing the vital role Dreamers play in the U.S. workforce and economy. Until such legislation is passed, the ability of new applicants to obtain work authorization remains uncertain and subject to ongoing court appeals and administrative guidance.

For now, current DACA recipients outside Texas can continue to work lawfully and renew their work permits, while those in Texas should seek legal advice to understand their options. All applicants are encouraged to stay informed about changes in DACA policy and to consult with an immigration attorney before submitting a renewal request or initial application for employment authorization.

What This Means for Dreamers and Immigrant Families

For thousands who turned 15 after 2021, this reopening is life-changing. Both new and current DACA recipients will benefit, gaining access to work permits, college aid, driver’s licenses, and protection from deportation. However, other Dreamers who do not meet the criteria remain ineligible and still require legislative solutions.

Human Impact

  • Families gain stability and safety.
  • Employers retain skilled workers.
  • Students can pursue higher education without fear.

According to estimates from the Migration Policy Institute, more than 400,000 additional Dreamers may now become eligible under DACA 2025.

Potential Challenges and Future Court Battles

Despite optimism, the future of DACA remains legally uncertain due to ongoing efforts to end DACA through lawsuits and court challenges. The DACA rule and the new DACA rule are at the center of litigation, with the district court in the Southern District of Texas—presided over by Judge Hanen—playing a pivotal role in these cases. Texas sued the federal government to challenge DACA, leading to a years-long legal battle that has affected DACA processing and protections in each fiscal year. The Texas Attorney General’s office has signaled plans to challenge the new rule, arguing executive overreach.

Possible Outcomes

  • Favorable Ruling: Courts may uphold the 2025 regulation, preserving protections.
  • Partial Block: Courts could freeze new approvals while allowing only renewals. In this scenario, current recipients can continue renewing their status, and USCIS may continue to accept and process DACA renewal requests, even if new applications are blocked.
  • Adverse Decision: If deemed unlawful, even renewals may be jeopardized.

Because DACA is not a statute, Congressional action remains the only permanent solution. Immigration advocates continue urging passage of the Dream Act to provide lawful status.

DACA Renewals vs. New Applications — What’s Different?

Feature Renewal New Application
Forms Required I-821D, I-765, I-765WS Same
Background Check Simplified Full review
Evidence Updated proof of presence Full historical documentation
Processing Time 1–3 months 6+ months
Risk of Denial Low Higher
Work Permit Timing Immediate upon approval After USCIS review
Important Note Submit DACA renewal requests well before the expiration date of your current EAD to avoid a lapse in status. USCIS continues to process DACA renewal requests for eligible recipients, even as initial applications remain restricted.

Renewals remain straightforward, but new applications may undergo deeper scrutiny due to untested documentation.

The Broader Political Context — DACA Under Trump vs. 2025 Landscape

During President Trump’s first term, the administration sought to end DACA, rescinding it in 2017 and triggering a years-long legal battle that created ongoing uncertainty and litigation.

In contrast, the 2025 policy environment has focused on stabilizing DACA within lawful bounds. Still, Trump’s re-election and policy directives have emphasized restrictive immigration frameworks, so the reopening may exist in a fragile balance — driven more by court order compliance than executive enthusiasm.

Without bipartisan legislation, Dreamers remain vulnerable to future reversals. The Biden vs. Trump DACA debate underscores how easily policy shifts with each administration.

Economic and Social Impact of DACA Reopening

Reopening DACA could reshape communities and local economies. In the most recent fiscal year, DACA recipients contributed billions in estimated tax revenue and played a significant role in supporting the workforce.

Projected Impacts

  • Workforce Growth: Dreamers fill key roles in education, health, and tech sectors.
  • Tax Contributions: DACA recipients contribute billions annually in state and federal taxes.
  • Educational Gains: Legal work status encourages college completion.

(Graph: DACA-Eligible Population 2025 by State — California, Texas, Florida, New York lead in eligible populations.)

Estimated New Beneficiaries

The Pew Research Center estimates 300,000–400,000 new potential applicants — primarily from Mexico, Central America, and Asia.

Frequently Asked Questions (FAQs) on the Resumption of New DACA Applications in 2025

What is DACA and why was it created?The Deferred Action for Childhood Arrivals (DACA) program was created in 2012 to protect certain undocumented immigrants who were brought to the United States as children. Through DACA, eligible individuals can request consideration for deferred action, which temporarily defers removal (deportation) and allows them to obtain work authorization, provided they meet strict eligibility criteria.


Why did the federal government stop processing new DACA applications?In 2021, a federal judge in Texas ruled that the original DACA program was unlawful, halting the processing of all new, first-time applications. While renewals continued, court injunctions prevented USCIS from approving new requests until the government addressed procedural deficiencies in the program.


What changed in 2025 to allow new DACA applications again?In 2025, DHS issued updated regulations and procedural reforms that satisfied court requirements, allowing USCIS to resume accepting and processing new DACA applications. The federal government also received clearance from appellate courts to reopen filings under a revised rule.


When did USCIS officially begin accepting new DACA applications again?USCIS  will likely resume accepting new DACA applications in late 2025 following a public announcement and updated filing instructions. Applicants should monitor the USCIS DACA webpage for current submission dates and procedural guidance.


Who qualifies for DACA in 2025?To qualify, applicants must have entered the U.S. before age 16, continuously resided in the country since June 15, 2007, and been present in the U.S. on June 15, 2012. They must be under age 31 as of that date, meet educational or military service requirements, and have no significant criminal convictions. Undocumented students are a key group who may qualify for DACA.


Can I apply for DACA if I have never applied before?Yes. As of 2025, first-time applicants who meet all eligibility requirements can submit their initial DACA applications. This marks the first opportunity to do so since 2021.


What forms are required to apply for DACA in 2025?Applicants must submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals), Form I-765 (Application for Employment Authorization), and Form I-765WS (Worksheet establishing financial need). All three must be filed together.


How much does it cost to apply for DACA?The total filing fee for DACA in 2025 is $495. This fee covers both the deferred action request and the employment authorization document (EAD).


What supporting documents should I include with my DACA application?Applicants should include proof of identity (such as a passport or school ID), proof of entry before age 16, evidence of continuous residence since June 15, 2007, educational or military records, and any documents showing physical presence on June 15, 2012.


How long does it take for USCIS to process a new DACA application in 2025?Processing times may vary, but new DACA applications generally take several months due to background checks, document verification, and court-related oversight. Applicants can check real-time processing estimates on the USCIS website.


Can I work legally in the U.S. after applying for DACA?Once approved, DACA recipients receive an Employment Authorization Document (EAD), allowing them to work lawfully in the United States for a renewable two-year period.


Does DACA provide a path to a green card or U.S. citizenship?No. DACA is a temporary policy that grants protection from deportation and work authorization but does not lead directly to lawful permanent residency or citizenship. Legislative action, such as the Dream Act, would be required for that.


What happens if my DACA application is denied?If denied, USCIS will issue a notice explaining the reason. There is no formal appeal process, but applicants may reapply if they become eligible or address the issue cited in the denial. Legal guidance is recommended before refiling.


Are DACA applicants protected from deportation while their application is pending?No automatic protection exists while a case is pending. Deferred action is granted only after approval. Applicants without lawful status remain subject to removal proceedings until USCIS grants DACA.


Can DACA recipients travel abroad?Yes, but only with an approved Advance Parole document. Without Advance Parole, leaving the U.S. could result in losing DACA status and re-entry denial.


Will the reopening of DACA face new legal challenges in 2025?Yes. State-led lawsuits, particularly from Texas and allied states, continue to challenge the legality of DACA. The outcome may depend on ongoing litigation in federal courts, including potential Supreme Court review.


Could the new DACA policy be reversed again in the future?It’s possible. Because DACA was created through executive action, future administrations could modify or rescind it. Legislative reform remains the only way to secure permanent protections for Dreamers.


How does DACA 2025 differ from earlier versions?The 2025 version is codified through formal DHS rulemaking, addressing procedural flaws cited by courts. It strengthens the legal basis for the program but retains the same core eligibility criteria and benefits.


Can people with minor criminal offenses apply for DACA?Yes, depending on the offense. Applicants must not have any felonies, significant misdemeanors, or three or more misdemeanors. Minor traffic violations or isolated low-level offenses may not disqualify an applicant, but legal review is essential.


What education requirements must I meet for DACA 2025?Applicants must currently be in school, have graduated from high school, earned a GED, or have been honorably discharged from the U.S. military or Coast Guard.


What if I don’t have continuous proof of presence since 2007?Applicants should submit as much documentation as possible, including rent receipts, medical records, school transcripts, or utility bills. If evidence is incomplete, affidavits from credible witnesses may help fill gaps.


Can I apply for DACA if I have Temporary Protected Status (TPS)?Possibly. Having TPS does not automatically disqualify you from DACA, but eligibility depends on your age, entry history, and presence on required dates.


Does DACA approval protect my family members from deportation?No. DACA protections apply only to the individual recipient. Family members must apply separately if eligible under their own circumstances.


Is DACA the same as the Dream Act?No. DACA is an executive program offering temporary relief, while the Dream Act is proposed legislation that would provide a permanent legal pathway to residency for eligible Dreamers. Congress has not yet passed the Dream Act.


How many people are expected to apply for DACA in 2025?Experts estimate that between 300,000 and 400,000 individuals could become newly eligible under DACA 2025, representing a significant expansion of the protected population.


What risks should I consider before applying for DACA?Applicants must disclose personal information, which could be accessible to DHS. While USCIS has generally not used DACA data for enforcement, the policy could change in the future. Consulting an immigration attorney before filing is crucial.


What are the benefits of applying for DACA in 2025?Benefits include protection from deportation, work authorization, access to a Social Security number, and in many states, eligibility for driver’s licenses and in-state college tuition.


How often must I renew my DACA status?DACA must be renewed every two years. USCIS recommends filing a renewal 120 to 150 days before the expiration date to avoid work authorization lapses.


Where can I find official updates on DACA 2025?Applicants should rely on official government websites, such as USCIS, DHS, and the Department of Justice, for accurate updates. Avoid information from unverified social media sources.


Should I hire an immigration lawyer to help with my DACA application?Yes. Because eligibility can be complex and rules may change, consulting an experienced immigration lawyer can ensure proper filing, minimize errors, and protect your legal interests.


What happens if the courts strike down DACA again after I apply?If courts halt the program, USCIS may stop approving new requests. However, applications already granted are typically honored for their approved term. Legal challenges often take months or years to resolve, allowing time for contingency planning.


Will applying for DACA affect my chances of getting other immigration benefits later?Usually not. DACA is considered an exercise of prosecutorial discretion, not a formal admission or visa. However, each case is unique, so applicants should seek individualized legal guidance.


Can undocumented youth who arrived after 2007 qualify for DACA?No. DACA’s continuous residence requirement begins June 15, 2007. Those who arrived later do not meet eligibility criteria under current DHS rules.


What should I do if I’m a potential DACA applicant but uncertain about eligibility?Schedule a consultation with an immigration attorney who can review your history, documents, and risks. Legal screening ensures applicants don’t expose themselves to unnecessary enforcement risks.


Why is DACA still controversial after all these years?Opponents argue that DACA exceeds executive authority, while supporters say it’s a vital humanitarian and economic policy. Courts continue to review its legality, reflecting broader divisions over immigration reform.


Will Congress pass the Dream Act in 2025?While advocates are pushing for a permanent solution, no legislation has passed yet. The resumption of DACA underscores the urgency for Congress to enact long-term protections for Dreamers.


What’s the most important thing for new applicants to know in 2025?The reopening of DACA is a rare and potentially temporary opportunity. Applicants should act quickly, prepare complete documentation, and seek legal assistance to ensure their applications are properly filed and safeguarded.


✅ The federal government resumed processing new DACA applications in 2025, allowing first-time applicants who meet strict eligibility requirements to apply for deportation protection and work authorization. Current DACA recipients should continue to monitor renewal deadlines and apply before their expiration date to maintain continuous protection.

How to Protect Your Rights — Get Legal Help

Because of ongoing litigation and shifting criteria, consulting an immigration lawyer is critical before applying.

Why You Need Legal Support

  • Lawyers can confirm eligibility and risk factors.
  • Legal experts help gather accurate evidence and avoid rejections.
  • They protect applicants from notario fraud and scams.

For individualized assessment, applicants can schedule a consultation with an experienced immigration attorney.

Take the Next Step — Get Trusted Legal Guidance on Your DACA Application

If you have questions about filing a new DACA application in 2025, don’t go through this complex process alone. With changing rules, court challenges, and evolving eligibility criteria, it’s more important than ever to have a trusted immigration lawyer by your side — someone who understands both the law and your dreams.

For over 30 years, Attorney Richard T. Herman has helped thousands of immigrants secure their futures in the United States. As a nationally recognized immigration lawyer, media commentator, and co-author of Immigrant, Inc. (available on Amazon), Richard Herman has spent decades championing the economic and community benefits of welcoming immigrants. His deep experience and compassion make him the ideal advocate for Dreamers navigating this new DACA chapter.

When you work with Richard Herman and his team at the Herman Legal Group, you gain more than legal guidance — you gain a dedicated ally who will help you:

  • Understand whether you qualify for new DACA protections
  • Prepare and submit a strong, error-free application
  • Avoid common mistakes that lead to delays or denials
  • Protect your rights amid ongoing federal court challenges

Don’t risk your future or delay your opportunity. Every DACA application is time-sensitive and must be filed with precision and care.

Contact Attorney Richard T. Herman today for a confidential consultation and personalized guidance on your DACA eligibility and filing strategy. His firm has built a reputation for excellence, empathy, and results — helping clients across the U.S. turn uncertainty into opportunity.

👉 Schedule your consultation now and take the first step toward securing your future in America with one of the nation’s most respected immigration advocates by your side.

 

 

 

Official U.S. Government Resources


Federal Register (Rules & Notices)


Department-Level Portals


Court Opinions & Neutral Government Research


Professional Associations & National Legal Networks


Community-Facing Guides (Practitioner-Verified)


Authoritative Reporting (Context & Timing)


The Empty Chair: How Immigration Policy Is Splitting American Thanksgiving Tables in 2025

How Trump-Era Enforcement, Visa Backlogs, and Family Separation Are Reshaping America’s Most Cherished Holiday

By Herman Legal Group — Immigration Lawyers Serving Families Across the United States and Worldwide

QUICK ANSWER 

Why are so many families facing an “empty chair” at Thanksgiving 2025?

Because new 2025 immigration enforcement priorities, revived social-media scrutiny, expanded public-charge determinations, and historic visa backlogs are stranding spouses outside the country, keeping undocumented relatives from attending holiday gatherings, and separating mixed-status families across the United States.

If your spouse, fiancé(e), or family member is stuck abroad — or if you fear attending or hosting Thanksgiving due to immigration status — start with:
➡️ Marriage Green Card Guide
➡️ I-130 Spousal Petition Guide
➡️ Book a Consultation

empty chair: thanksgiving tables in american in 2025 will increasingly have empty chairs due to US immigration policy:

OPENING SCENE — “The Empty Chair” at an American Table

The mashed potatoes are still steaming. Laughter fills the kitchen. But the chair closest to the hallway remains empty.

David, a U.S. citizen in Denver, set it for his wife, who was supposed to arrive from the U.S. Consulate in Ciudad Juárez after her immigrant visa interview. Instead, she was handed a 221(g) refusal and told her case required enhanced security checks due to revived 2025 DHS social-media review protocols.

He refreshes the CEAC status page constantly. Still “Administrative Processing.”
Still no Thanksgiving together. Still an empty chair.

Across the country — from Los Angeles to Miami, Chicago to Houston, Seattle to Boston, and yes, Cleveland, Columbus, Cincinnati, and Dayton — immigrant families are facing the most emotionally painful Thanksgiving in years.

why this thanksgiving feels different in 2025:  trump's immigration policies

INTRODUCTION — Why Thanksgiving 2025 Feels Different

Since late 2024 and accelerating sharply in 2025, immigration policy shifts have produced:

  • Longer marriage-visa adjudications
  • Increased denials for minor errors
  • Extended 221(g) administrative processing
  • More I-130 Requests for Evidence (RFEs)
  • Aggressive I-751 marriage fraud screening
  • Tighter ESTA/visa revocations for minor infractions
  • Expanded ICE targeted enforcement
  • A new era of “public charge” reinforcements
  • Intensive social-media scrutiny before visa approval

This is the reality immigrants are living with during the most family-oriented holiday of the year.

For essential guidance:
➡️ Adjustment of Status Guide (I-485)
➡️ I-751 Removal of Conditions Guide

ICE enforcement of immigrants have created fear and empty tables at thanksgiving in 2025

SECTION 1 — The 2025 Enforcement Landscape: Why Families Are Afraid to Gather

Immigration policy in 2025 has shifted toward broad deterrence, meaning:

1. Stricter Scrutiny at USCIS Interviews

USCIS is issuing more RFEs and Notices of Intent to Deny (NOIDs), especially involving:

  • Prior overstays
  • Social-media inconsistencies
  • Past unauthorized employment
  • Financial hardship indicators
  • Minor documentary issues

Learn more:
➡️ USCIS Interview Preparation Guide

2. Increase in ICE Targeted Enforcement

ICE has resumed targeted operations in sectors like:

  • Food processing
  • Manufacturing
  • Construction
  • Nursing homes
  • Logistics and warehouses

This creates fear among mixed-status families deciding whether to gather at Thanksgiving.

For rights and safety:
➡️ Know Your Rights with ICE

3. Tougher ESTA Revocations

Hundreds of spouses arriving under ESTA or B-2 visas to visit U.S. citizen partners before the holidays have experienced:

  • Secondary inspection
  • “Immigrant intent” findings
  • Cancellations of ESTA
  • Immediate removal

Guidance:
➡️ Visa Overstay & Misrepresentation Guide

4. Social Media Screening Is Slowing Everything

Under Executive Order 14161, consulates now scrutinize:

  • Political posts
  • TikTok or Instagram videos
  • Comments involving U.S. politics
  • Connections with flagged accounts

Even harmless meme posts have caused delays.

Learn more:
➡️ Social Media Screening Guide for Immigrants

5. Consulates Are Overwhelmed

U.S. consulates abroad are facing:

  • Staff shortages
  • Heightened security protocols
  • Surging demand for family visas
  • More “return to USCIS for reaffirmation” cases
  • Longer background checks from the FBI, DHS, and DOS

Track priority dates:
➡️ Visa Bulletin Updates

people are travelling less to U.S. and within the u.s. due to US immigration policies. thanksgiving 20256

SECTION 2 — How Visa Backlogs Are Ruining Holiday Travel

The 2025 backlog is the worst since the pandemic.

Family-based cases especially affected:

  • IR-1/CR-1 Spousal Visas
  • K-1 Fiancé(e) Visas
  • IR-5 Parent Visas
  • I-601A Waivers
  • I-212 Permission to Reapply

For specific guidance:
➡️ K-1 Fiancé Visa Guide
➡️ I-601A Hardship Waiver Guide
➡️ I-212 Permission to Reapply Guide

Administrative Processing Has Become the #1 Thanksgiving Disruptor

221(g) administrative processing timelines in 2025:

  • Mexico: 3–9 months
  • Pakistan: 6–14 months
  • India: 2–8 months
  • Nigeria: 4–12 months
  • Brazil: 2–6 months
  • Philippines: 3–9 months

This means:

  • Spouses miss holidays
  • Parents miss births
  • Children miss their moms or dads
  • Fiancé(e)s miss weddings

Case Study — “We Had the Turkey, But Not My Husband”

Ana, a U.S. citizen, petitioned for her husband in Lagos. After his interview, he received a 221(g) for “mandatory clearances.”

That was 11 months ago.
This Thanksgiving will be their third apart.

too afraid to gather during thanksgiving?  trump's immigration enforcement agenda

SECTION 3 — Why Families Across the U.S. Are Too Afraid to Gather

1. Mixed–Status Families Fear Immigration Exposure

Common fears:

  • A relative might be questioned
  • A car with expired registration might draw attention
  • An interaction with police could lead to ICE referral
  • A neighbor could report suspected undocumented guests

Guidance on risk:
➡️ Immigration Consequences of Police Encounters

2. Advance Parole Holiday Travel Risks

DACA holders, TPS holders, and adjustment applicants fear:

  • Being denied reentry
  • Losing eligibility for future green cards
  • Being questioned about immigration history

Holiday travelers should review:
➡️ Advance Parole Guide

3. Undocumented Relatives Often Stay Home

Not because they’re unwelcome — but because:

  • Many live in enforcement-priority states
  • Some fear traffic stops
  • Some worry about presence at public gatherings
  • Some fear immigration checkpoints (Southwest U.S.)
  • Others avoid airports entirely

trump is the turkey this thanksgiving due to aggressive and unsound immigration policies, creating havoc for families, business and the economy
SECTION 4 — Expert Commentary from Richard Herman 

“2025 is the most emotionally painful year for immigrant families since 2018. The level of separation we’re seeing is heartbreaking.” — Richard T. Herman, Esq.

“Many families who legally filed I-130 petitions are still apart because of consular slowdowns. The law allows them to be together. The backlog does not.”

“We are hearing from families in every major U.S. city — Seattle, New York, Houston, Atlanta, Chicago — who aren’t gathering because someone is too afraid to travel.”

have a plan during thanksgiving to keep family safe from ICE

SECTION 5 — What Families Can Do Right Now (Action Plan)

1. If Your Spouse Is Abroad

Start with:
➡️ Marriage Green Card Guide
➡️ Consular Processing Guide

Checklist:

  • Request case status updates
  • Upload all additional documents
  • Review social-media consistency
  • Update DS-260 if needed
  • Consider congressional inquiry
  • Document hardship (for expedite)

2. If Your Relative Is Undocumented

Review:
➡️ Deportation Defense Options
➡️ Cancellation of Removal Guide

3. If You Received an RFE or Interview Notice

➡️ RFE Survival Guide

4. If You’re Considering Holiday Travel

➡️ Advance Parole Guide

SECTION 6 — 45-QUESTION FAQ 

Thanksgiving 2025 Immigration Crisis Edition

1. Why are so many immigrant families separated this Thanksgiving?

Because 2025 immigration policies have increased visa delays, 221(g) administrative processing, social-media screening, public-charge scrutiny, and targeted ICE enforcement — all of which disproportionately affect family-based immigrants.


2. Why are marriage green cards taking so long in 2025?

USCIS and consulates are facing extreme backlogs, additional interview screening rules, and new delays caused by enhanced security review. See the Marriage Green Card Guide.


3. What is the #1 reason spouses are stuck abroad for the holidays?

221(g) administrative processing following immigrant visa interviews. Learn more in the Consular Processing Guide.


4. What exactly is 221(g)?

It’s a temporary refusal requiring additional checks, sometimes lasting weeks, months, or over a year.


5. Are consulates denying more visas in 2025?

Yes. Many report higher refusal rates under new scrutiny, especially for marriage visas and fiancé(e) visas.


6. Is social-media screening causing delays or denials?

Yes. Under Executive Order 14161, consular officers now review applicants’ online activity. Misinterpreted posts can delay cases. See Social Media Screening Guide.


7. Are undocumented relatives safe attending Thanksgiving gatherings?

Generally yes — but risks vary by city, state, and law enforcement policies. Know your rights: ICE Raid & Enforcement Guide.


8. Can ICE enter a private home without a judicial warrant?

No. They need a real judicial warrant signed by a judge.


9. Does sharing a meal with undocumented relatives create immigration risk?

No — simply hosting or visiting family is not unlawful.


10. Are traffic stops a risk during holiday travel?

Yes. A stop for speeding or expired tags can trigger ICE referrals in some jurisdictions. Learn more: Immigration Consequences of Police Encounters.


11. Is Advance Parole safe during the holidays?

Often yes — but there are risks depending on immigration history. Review the Advance Parole Guide.


12. Can DACA recipients travel internationally for Thanksgiving?

Only with Advance Parole. Without it, leaving the U.S. is a one-way trip.


13. Are ESTA travelers being turned away more in 2025?

Yes — especially spouses of U.S. citizens suspected of immigrant intent.


14. Can a B-2 visitor attend Thanksgiving with a U.S. citizen partner?

Yes — but any hint of intent to immigrate (like bringing wedding documents) risks denial.


15. Why are I-130 spousal petitions getting more RFEs in 2025?

USCIS is requiring more evidence of financial stability, bona fide marriage evidence, and social-media consistency. See I-130 Guide.


16. How long is I-130 processing taking in 2025?

6–16 months on average, depending on the USCIS service center.


17. Are I-485 interviews stricter this year?

Yes. Officers often probe deeper into:

  • Finances
  • Living arrangements
  • Travel history
  • Social media

See I-485 Adjustment Guide.


18. Can a denied marriage green card ruin future holidays too?

Yes — denial can lead to separations lasting years, especially involving waivers.


19. What if my fiancé(e)’s K-1 visa is stuck?

Delays are common. Start here: K-1 Visa Guide.


20. Are parents stuck abroad this Thanksgiving?

Yes — IR-5 interviews are heavily delayed globally.


21. Why are immigrant visa interviews scarce?

Consulates have limited staff and increased security protocols.


22. Are waivers taking longer in 2025?

Yes — I-601A and I-601 hardship waivers often take 12–28 months.
See I-601A Waiver Guide.


23. Are people being denied boarding flights to the U.S.?

Yes — airlines are required to enforce U.S. entry eligibility rules.


24. Can CBP deny entry to someone with a valid visa?

Yes — CBP has full authority to refuse admission.


25. Are mixed-status couples more at risk this holiday season?

Yes — especially where one spouse is undocumented and the other is a U.S. citizen or LPR.


26. Can attending Thanksgiving hurt future immigration cases?

Only if:

  • You violate travel conditions
  • You commit offenses
  • Social media tags reveal status issues

27. Can undocumented immigrants fly domestically?

TSA does not enforce immigration law — but local police at airports may collaborate with ICE in some regions.


28. Can a U.S. citizen petition a spouse who overstayed?

Generally yes. Start with: Marriage Green Card Guide.


29. Can overstays attend Thanksgiving safely?

Many do — but public settings in enforcement-heavy states require caution.


30. Can ICE go to Thanksgiving community gatherings?

Rarely — but they are not prohibited unless the location is protected.


31. Are Thanksgiving deportations more common?

Holiday periods often see reduced enforcement, but 2025 shows increases in targeted operations.


32. What states are highest-risk for undocumented relatives?

Historically:

  • Florida
  • Georgia
  • Texas
  • Tennessee
  • Louisiana
  • Arizona

33. What states are lower-risk?

Often:

  • California
  • New York
  • Illinois
  • New Jersey
  • Washington
  • Massachusetts

But risk always exists.


34. Can attending Thanksgiving jeopardize TPS or DACA?

No — unless you engage in activity that triggers enforcement.


35. My spouse is stuck abroad — what can we do before the holidays?

Consider:

  • Case inquiry
  • Uploading missing evidence
  • Congressional assistance
  • Expedited request
  • Legal review
    See Consular Processing Guide.

36. Can a lawyer speed up administrative processing?

Lawyers cannot override security checks — but can prevent errors, provide corrections, and escalate appropriately.


37. Should we file a mandamus lawsuit?

Mandamus may help after unreasonable delay.
See Mandamus Guide.


38. What if my spouse’s visa was denied?

Review the refusal, prepare a response, and consider waivers.
Start with I-601 Waiver Guide.


39. What if my Advance Parole is pending?

Do not travel without the document — you may be stuck abroad permanently.


40. Is it safe to post Thanksgiving photos online?

Be cautious — family gatherings with undocumented relatives could create unintended immigration exposure if publicly tagged.


41. Will USCIS look at my Thanksgiving posts?

Possibly — USCIS and DOS both use publicly accessible social media.


42. Can someone bring a foreign fiancé(e) to Thanksgiving?

Yes — if they already have a valid B-2, ESTA, or K-1 visa.


43. Are more K-1 cases being denied for misrepresentation?

Yes — especially where couples attempt to adjust status after entering on ESTA or B-2.


44. Should we file our I-130 before or after the holidays?

Before — earlier filing protects your place in line.
Start here: I-130 Spousal Petition Guide.


45. What is the best legal step families can take right now?

Schedule a strategy session with an experienced immigration attorney.
➡️ Book Consultation

 RESOURCE DIRECTORY

A. U.S. GOVERNMENT RESOURCES (VERIFIED • CLEAN LINKS)

USCIS


U.S. DEPARTMENT OF STATE (DOS)


NATIONAL VISA CENTER (NVC)


DEPARTMENT OF HOMELAND SECURITY


CUSTOMS & BORDER PROTECTION (CBP)


ICE (U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT)


DEPARTMENT OF JUSTICE (EOIR – IMMIGRATION COURTS)


B. MEDIA RESOURCES 

National & International News


C. ECONOMIC, ACADEMIC & DATA SOURCES

Research Institutions


D. HERMAN LEGAL GROUP RESOURCES 

Marriage-Based Immigration


Form I-130 & Family Petitions


Legal Help with Marriage Green Cards


Additional Verified HLG Immigration Resources

 


Consultations

KEY TAKEAWAYS

1. Thanksgiving 2025 is exposing the harshest immigration separation crisis in years.

Marriage-based visa delays, consular backlogs, 221(g) administrative processing, and revived social-media screening rules have left thousands of spouses, parents, and children unable to reunite for the holidays.


2. Families are being separated not because of wrongdoing — but because of processing delays and overly aggressive ICE/CBP enforcement

In many cases, U.S. citizens filed their petitions correctly and on time, yet their loved ones remain abroad due to mandatory security checks, consulate staffing shortages, and heightened scrutiny.

To understand the updated process, see the
Marriage Green Card 2026 Complete Guide.


3. The #1 driver of 2025 family separation is 221(g) administrative processing.

Administrative processing can now last months or over a year, especially for applicants from high-volume posts or countries requiring additional security checks.

If your spouse’s I-130 was approved but the visa is stuck, review:
What Happens After I-130 Is Approved.


4. Thanksgiving gatherings are more complicated for mixed-status families.

Many undocumented relatives avoid travel or public gatherings due to fear of:

  • Traffic stops

  • Police encounters

  • Elevated ICE targeting

  • Airport identity checks

This is not paranoia — it reflects the real enforcement posture of 2025.


5. Social-media screening has become a major obstacle for immigrant visa approvals.

Even old, harmless, or misinterpreted posts can trigger delays.
Every family-based visa applicant should review their social media for consistency before interviews.

Prepare your evidence with:
I-130 Documents Checklist.


6. Even small documentary mistakes can cause months of separation.

Missing financial documents, outdated civil records, or inconsistent marriage evidence can lead to RFEs, NOIDs, or interview delays.

Use the verified guide:
Marriage Green Card Documents Guide.


7. A marriage green card denial can devastate a family — especially during holidays.

Denials are increasing in 2025, particularly where:

  • The couple lacks strong evidence

  • There is prior immigration history

  • There are inconsistencies between forms and interviews

  • Social-media posts contradict testimony

See the authoritative breakdown:
What Happens If Your Marriage Green Card Is Denied (2025 Guide).


8. Many Thanksgiving separations are preventable with early legal intervention.

Families who obtain legal review early often avoid:

  • Unnecessary RFEs

  • Delayed consular interviews

  • Preventable 221(g) refusals

  • Denial-causing mistakes

  • Public charge problems

  • Social-media inconsistencies

Start by reviewing the top concerns asked nationwide this year:
Top 10 Most Asked Marriage Green Card Questions in October 2025.


9. Holiday reunification is still possible — with the right legal strategy.

Actions families can take before or after Thanksgiving include:

  • Filing their I-130 sooner

  • Requesting congressional assistance

  • Preparing complete documentation

  • Updating social-media profiles

  • Ensuring consistent testimony

  • Preparing for I-130A requirements
    See:
    Form I-130A Supplemental Spouse Information.


10. The most important takeaway: Families do NOT need to navigate this alone.

Thanksgiving should be about family unity — not fear, delays, and uncertainty.

If your loved one is stuck abroad, at risk of denial, or too afraid to travel, the safest next step is to consult an experienced immigration attorney.

➡️ Book an Immigration Consultation

The sooner you get legal help, the sooner your family can sit together — not leave another empty chair at the table.

International Student Offices at Major Chicago Colleges and Universities

Chicago hosts over 100 institutes of higher education, including world-class universities such as the University of Chicago and Northwestern University. Many of these institutions attract a large number of international students, and most of them have established international student offices that offer a variety of services.

5 Major Chicago Colleges and Universities

Loyola University Chicago International Student and Scholar Services

Over 1,000 international students attend Loyola University Chicago. The Loyola University Chicago International Student and Scholar Services (ISSS) office is dedicated not only to the success of these students but also to the numerous international faculty and staff that are associated with the school. The office’s goals include:

  • To integrate the initially disparate international community over all of the various campuses that make up Loyola University Chicago;
  • To provide effective immigration advice; and
  • To offer events that actively engage international students and scholars with Chicagoans both on and off-campus.

The University of Chicago Office of International Affairs

Over 4,000 international students are enrolled at the University of Chicago. The Office of International Affairs offers the following services among others:

  • Walk-in (no appointment) advising during designated hours for immigration discussions lasting 10-15 minutes, urgent matters or review of Optional Practical Training applications”
  • Documentation necessary to authorize on-campus employment;
  • Document pick-up;
  • Notary public services;
  • Assistance with Social Security numbers and ITINs; and
  • Other services of special concern for international students.

DePaul University International Student Services

About 1,500 international students attend DePaul University. DePaul University International Student Services offers:

  • An international student orientation;
  • The International Student Experience Exchange Peer Mentor Program, which provides international students with a mentor that possesses the skills necessary to enhance the experience of an international student,
  • A Global Coffee Hour program that helps introduce new international students to student life at DePaul University so that they can successfully meet their goals at Depaul;
  • Assistance with F-1 or J-1 immigration status; and
  • Referrals to services offered by the university

The foregoing is only a sampling of the many services and programs that DePaul University offers its international students.

Illinois Institute of Technology (IIT) International Student Services

Over 3,000 international students attend the Illinois Institute of Technology at any given time. International student services can help them:

  • Maintain valid immigration status by advising om compliance with immigration regulations and by providing resources that will allow international students to keep up with any changes in these regulations;
  • Update I-20 forms, change immigration status or apply for Optional Practical Training;
    Obtain employment on campus; and
  • Overcome “culture shock” and adjust to life in the United States;

International student services also offer Individual and group orientations; assistance with immigration-related document preparation; workshops on various issues confronting international students such as taxes, employment, and available university and community resources; the English Conversation Partner Program; an International Festival, and tours of Chicago.

Northwestern University Office of International Student and Scholar Services

Northwestern University is widely considered to be an elite academic institution, and it attracts many international students — about 5,500 can be found on campus during the Fall and Spring semesters.

The Northwestern University Office of International Student and Scholar Services (OISS) seeks to enrich the experience of international students by:

  • Providing advice and support;
  • Engaging in advocacy on behalf of international students on campus, in the community, and with government agencies; and
  • Promoting educational and cultural exchanges among international students and between international students and the wider Northwestern community.

OISS conducts an orientation for international students in the form of a weekly lunch and discussion series, a three- to four-0day orientation for new undergraduate international students, and a one-day orientation for our new international graduate students.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

Designated Civil Surgeons: Chicago Doctors Who are Approved by the USCIS to Perform Immigration-Related Medical Exams

If you are seeking permanent residence in the United States, you will be required to submit to a medical examination to prove that there is no medical reason to deny your green card application — a serious communicable disease, for example. Please note, however, that your green card application will not be denied simply due to a positive HIV test.

Not just any doctor will do, however — only a doctor licensed as a “designated civil surgeon” by the US Citizenship and Immigration Service (USCIS) will be acceptable to the USCIS. The USCIS maintains a list of designated civil surgeons all over the world, including Chicago, which you can access using their “Find a Doctor” web page”. You will need to make an appointment and pay a fee of somewhere between $300 and $400 for the exam.

USCIS-approved Doctors and Clinics in Chicago

Dr. Nicholas G. Apostolopoulos

Nicholas G. Apostolopoulos practices family medicine in Chicago. He enjoys over 20 years of experience practicing medicine.
Address: 811 S. State St., Suite B
Telephone: (312) 566-9810

Dr. Jonathan Baktari

Jonathan Baktari specializes in internal medicine, pulmonary and critical care medicine, and he has accumulated over two decades of experience. He has also served on the faculty at medical schools at the University of Nevada and Touro University.
Address: 29 East Madison Street, Suite 1640, Chicago
Telephone: (312) 997-5522

Dr. Shirley A, Conibear

Shirley A. Conibear practices preventative medicine in Chicago. She has over 20 years of experience practicing medicine
Address: 300 W. Adams Street, Suite 1200, Chicago
Telephone: (312) 762-2959

Dr. Julia A. Dyer

Dr. Julia A Dyer specializes in gastroenterology and has been practicing medicine for over four decades. She is affiliated with several local hospitals, including Thorek Memorial Hospital.
Address: 850 W Irving Park Rd, Chicago
Telephone: (773) 388-1100

Dr. Stephen Epner

Nancy Youssef earned degrees in both medicine and chemical engineering, She currently practices family medicine and urgent care medicine.
Address: 4211 N Cicero Ave, Chicago
Telephone: (312) (312) 702-0793.

Dr. Virginia A. Evans

Virginia A. Evans is an emergency medicine physician in Chicago, Illinois. She has been in practice for more than 20 years.
Address: 835 S Wolcott Ave # E270, Chicago
Telephone: (312) 702-0793

Dr. Scott M. Morcott

Scott M. Morcott is a family medicine doctor who is associated with several hospitals in the Lake Bluff area. He has been practicing medicine for over two decades
Address: 30 North Michigan Avenue, Suite 629, Chicago.
Telephone: (312) 641-6228.

Dr. Robert Rosen

Dr. Robert Rosen practices general surgery, especially laparoscopic surgery, hernia repair, and bowel and colon resections. He has been practicing in Chicago since 1988.
Address: 5747 Dempster St STE 100, Morton Grove, IL 60053, United States
Telephone: (312) 997-5522

Dr. Sanjay Sinha

Sanjay Sinha practices urgent care medicine in Chicago. He enjoys over 12 years of experience as a doctor.
Address: 600 W. Adams St., Chicago
Telephone: (312) 506-0900

Dr. Akavut Suesakul

Akavut Suesakul specializes in geriatric medicine and is affiliated with Thorek Memorial Hospital.
Address: 730 South Dearborn St., Chicago
Telephone: (312) 588-1104

Dr. Mark Vexelman

Mark Vexelman specializes in geriatric medicine and internal medicine. He enjoys over 30 years of experience.
Address: 2900 North Lake Shore Drive, Suite 1215, Chicago
Telephone: (312) 702-7093

When You’re Finished With the Exam

Once you complete your medical examination, you will be given a sealed envelope containing a completed USCIS Form I-693, Report of Medical Examination and Vaccination Record. Do not open or unseal the envelope. Due to the possibility of tampering, your medical examination will be considered invalid if the seal is broken, and you will have to start the process all over again.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

Chicago Nonprofits That Serve Immigrants

Chicago is home to a multitude of nonprofit organizations that are either dedicated to serving the needs of immigrants, or include such services as part of their operations. A small sampling of such organizations, including a brief description of their operations, appears below:

Illinois Coalition for Immigrant and Refugee Rights

Illinois Coalition for Immigrant and Refugee Rights‘ mission is to help immigrants and refugees attain full and equal participation in the civic, cultural, social, and political life of the United States. ICIRR assists immigrants and refugees with:

  • Healthcare access;
  • Voter registration;
  • Changes in immigration law and policy;
  • Access to public benefits, including SNAP benefits (“food stamps”);
  • Referrals to legal, ministry, and social services; and
  • Access to higher education

Chicago-Kent College of Law Immigration Clinic

The Chicago-Kent College of Law is an accredited, stand-alone graduate-level law school whose graduates can be found throughout the legal profession in Illinois and beyond. The Law Group Immigration Clinic represents individuals and families in family-based immigration, humanitarian relief, and deportation defense removal defense throughout the United States. Consultations cost $50.00 per case. If one of our attorneys agrees to represent you, his or her services will be priced at below-market, flat-fee rates.

Chinese Mutual Aid Association (CMAA)

The CMAA’s Citizenship and Immigration Program helps immigrants transition into US citizens who make active contributions to their communities. The CMAA provides low-cost immigration services for immigrants from all over the world, not only China.

Council on American-Islamic Relations (CAIR)

The Council on American-Islamic Relations maintains office throughout the United States, including Chicago. CAIR-Chicago actively works with immigrants in insecure status, such as refugees, to help them attain permanent immigration status in the US. CAIR’s Civil Rights Department is particularly focused on asylum applications for refugees who come from high-crime or war-torn regions. Asylum applicants are typically from Syria and Egypt) and include many white-collar workers.

Indo-American Center

The Indo-American Center provides a wide variety of immigration-related services in English, Hindi, Bengali, Gujarati and Punjabi. The Center heps immigrants complete forms, file them with the USCIS, register, and represent them before the Board of Immigration Appeals if their petitions are rejected and they decide to appeal.

The Center also offers citizenship classes, English language classes, and referrals to sources of public benefits such as Social Security. For all services, representation is discretionary, and at least a nominal fee is charged

Justice for Our Neighbors

Justice for Our Neighbors is an immigration ministry established by the Methodist Church. It provides free or low-cost immigration law services to low-income immigrants, asylum seekers, and refugees.

National Immigrant Justice Center

The National Immigrant Justice Center provides free legal information to people without an attorney who is scheduled to appear before the Chicago Immigration Court. The Center places special emphasis on helping immigrants who entered the US as unaccompanied minors.

The Center also takes a special interest in providing legal services to gay, lesbian, bisexual, or transgender immigrants and immigrants who have tested HIV positive. The Center also provides free legal representation to asylum seekers who fear persecution if they return home.

Pan-African Association

The mission of the Pan-African Association is to promote the integration of immigrants, refugees, and asylees, especially those from Africa. It aims to help Chicago’s refugees and immigrants come together as a close-knit support group.

The Pan-African Association provides mentorships, workshops, and support groups. The Association seeks to build connections between refugees and Chicagoans while at the same time maintaining their native cultural heritage.

Polish-American Association

It is commonly said, perhaps not without justification, that Chicago is home to more Polish people than any city in the world except Warsaw. The Polish-American Association seeks to represent and assist Poles living in Chicago.

Its migration service department was established in 1985 and currently serves hundreds of clients every month. These services include:

  • N-400 citizenship applications;
  • Applications for permanent residence;
  • Applications to immigrate family members in Poland;
  • Student visas;
  • General immigration assistance;
  • Document translation; and
  • Notarial services

The Polish-American Association is licensed to perform immigration services by the city of Chicago.

Refugee One

RefugeeOne is dedicated to assisting refugees to the United States by providing them with survival skills as well as a full range of interrelated services including resettlement, ESK training, workforce development, mental health services, and job skills services.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

The Chicago Immigration Court

The Chicago Immigration Court is one of 58 immigration courts in the United States and, unsurprisingly, it is one of the busiest. Like all US immigration courts, it is subject to the authority of the Office of the Chief Immigration Judge. The judgments of the Chicago Immigration Court can be overturned by a successful appeal to the Board of Immigration Appeals. The Chicago Immigration Court is part of the Executive Office of Immigration Review.

What Does the Court Do?

An immigration court is a court in which immigration judges conduct removal (deportation) proceedings, decide on claims for asylum, and perform certain other immigration-related activities. The Chicago Immigration Court has no jurisdiction over criminal offenses committed by immigrants, including illegal entry to the United States — that is the responsibility of the criminal justice system.

Contact Details

The Chicago Immmigration Court’s address is 525 W Van Buren St, Suite 500, Chicago, IL 60607. Its normal working hours run from 8 am to 4 pm Monday to Friday. The window, however, does not open until 8:30 and closes for lunch between 12 and 12:30 pm. The Court can be reached by telephone at 312-697-5800.

Keep in mind that opening hours, in-person hearings and telephone access have been drastically affected by the Covid-19 crisis, and that the situation is changing rapidly.

Key Personnel

The Chicago Immigration Court employs 14 immigration judges, including Assistant Chief Immigration Judge Sheila McNulty and 13 other immigration judges:

  • Samuel B. Cole
  • Kathryn De Angelis
  • Craig A. Defore
  • Eliza Klein
  • Michael P. Klosowsky
  • Elizabeth G. Lang
  • Joshua D. Luskin
  • Patrick M. McKenna
  • Samia Naseem
  • Jennifer I. Peyton
  • Rob Rosche
  • Kaarina Salovaara
  • Eva S. Saltzman

The Acting Court Administrator is Glenda Viray.

Your Constitutional Rights as an Immigrant

You don’t have to be a US citizen or a permanent resident to enjoy certain basic constitutional rights. The 14th Amendment “due process” and “equal protection” rights apply to all persons, not only Americans.

Normally, the 14th Amendment means that when charged with immigration violations, you are entitled to a hearing before an immigration judge (but see below for the “expedited removal” exception). If you are expected to appear in immigration court, you will be presented with Form I-862, Notice to Appear, which will include all of the charges against you.

Right to an Attorney

If you are charged with a criminal offense, you have the right to representation by an attorney even if you cannot afford to pay one. Immigration proceedings, however, are considered to be administrative proceedings rather than criminal proceedings. As such, although you do have the right to be represented by an attorney, no attorney will be provided to you if you cannot afford to pay one yourself. In this case, you will have to represent yourself.

Expedited Removal Proceedings

Unfortunately, depending on your circumstances you might not make it as far as an immigration court. Under “expedited removal” procedures, you can be deported from the United States by a low-level immigration officer without a hearing or any other appearance in immigration court. This may happen if you:

  • Arrive at the border without proper documentation (a valid passport, or example;
  • Arrive without inspection and are apprehended within 14 days of your arrival within 100 miles of the border with either Mexico or Canada.

Since expedited removal has been increasing in recent years, especially since the limitation of Chicago Immigration Court operations during the Covid-19 crisis, you may or may not get your “day in court.”

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

Los 10 mejores abogados de inmigración en Chicago

Chicago es el hogar de algunos de los más cualificados y experimentados abogados de inmigración del país, porque hay varios motivos para que esta ciudad haya atraído a los mejores abogados de inmigración, comenzando su gran cantidad de población nacida en el extranjero (casi 1,6 millones), siguiendo con un grupo de destacadas escuelas de derecho y muchas otras razones de peso. Todo esto ha inspirado a muchos habitantes de Chicago a dedicar sus carreras ayudando a los inmigrantes y también ha atraído a abogados de inmigración de todo el país.

Los mejores abogados de inmigración en Chicago

Richard Thomas Herman

Richard Thomas Herman, es un abogado de inmigración con más de un cuarto de siglo de experiencia, fundador de Herman Legal Group, un bufete de abogados de inmigración con alcance nacional.

El bufete ha sido designado «Mejor Firma de Abogados» por el U.S. News & World Report en base a las evaluaciones de clientes y compañeros de profesión. Herman Legal Group representa a clientes de todo el país desde sus oficinas en Illinois, Ohio, Michigan, Nueva York, Pensilvania, Florida, Texas e incluso Canadá.

Gerald Cipolla

Gerald Cipolla ha manejado miles de peticiones de inmigración para clientes de Chicago, así como para sus clientes internacionales repartidos por todo el mundo. Él es un conferenciante frecuente sobre temas de inmigración en la radio, los medios de comunicación impresos, y seminarios legales. No es un abogado de «todoterreno»: su práctica se dedica por completo a la ley de inmigración de los Estados Unidos.

Christopher Helt

El distnguido abogado Christopher Helt, fundó The Helt Law Group LLC. Además es una referencia como abogado de inmigración de defensa de la expulsión (deportación) además de gozar de prestigio nacional. Cuenta con una amplia experiencia representando a inmigrantes ante el Tribunal de Inmigración de los Estados Unidos, los tribunales federales de los Estados Unidos y el Departamento de Seguridad Nacional.

Margaret W. Wong

Margaret M. Wong es la fundadora de Margaret W. Wong & Associates LLC, una de las principales firmas de abogados de inmigración de Chicago que ha servido a la comunidad de inmigrantes durante más de 50 años. La firma ofrece servicios integrales de inmigración a través de múltiples abogados de inmigración. La Sra. Wong es profesora adjunta en la Facultad de Derecho de la Universidad Case Western Reserve.

Richard Hanus

Richard Hanus fundó The Law Offices of Richard Hanus hace 30 años en Chicago para ofrecer servicios de inmigración a empresas y particulares. El Sr. Hanus es un conferenciante de la Asociación Americana de Abogados de Inmigración (AILA), así como un orador frecuente sobre temas de la ley de inmigración.

Michael D. Baker

Es el fundador de las Oficinas Legales de Michael D. Baker en Chicago desde el año 2007. El bufete ofrece servicios de inmigración y naturalización a particulares, así como a empresas y escuelas. El Sr. Baker proporciona servicios integrales de inmigración.

Alen Takhsh

Con la creación de Alen Takhsh Law, P.C, basada sobre el principio de proporcionar una representación compasiva a sus clientes, tanto si sus problemas son sencillos como complejos. Alen no sólo ha ayudado a sus clientes a solicitar una amplia variedad de beneficios de inmigración, sino que también ha representado a clientes ante la Oficina Ejecutiva de Revisión de Inmigración (EOIR).

Christopher Helt

Christopher Helt es un abogado de inmigración de Chicago, reconocido a nivel nacional que fundó The Helt Law Group, LLC. Representa a clientes principalmente en las áreas de Chicago, Memphis y Atlanta. El Sr. Helt aparece regularmente ante los tribunales de inmigración, el Departamento de Seguridad Nacional, y los tribunales federales de los EE.UU. en nombre de sus clientes. Se graduó en la Facultad de Derecho de la Universidad Loyola de Chicago.

Scott D. Pollock

Es el fundador de Scott D. Pollock & Associates, P.C. en 1985. Entre sus clientes se encuentran no sólo individuos sino también empresas y organizaciones, tanto dentro de los Estados Unidos como en el extranjero. Sus servicios integrales de inmigración que proporcionan una atención personalizada y un conocimiento magistral de la ley de inmigración de los Estados Unidos.

Young Ah Ri

Creador desde 2007 del bufete de abogados de inmigración, Young Ah Ri Law Office. Ofrece servicios integrales de inmigración que incluyen la inmigración basada en la familia y el empleo, y atención a los inmigrantes que buscan protección bajo la Ley de Violencia contra la Mujer (VAWA) y los procedimientos de ciudadanía estadounidense, entre otros muchos servicios.

Póngase en contacto con un abogado de inmigración con experiencia para saber más sobre Chicago, Illinois, como destino para los inmigrantes, y para discutir cualquier pregunta o problema legal de inmigración.

Chicago’s Ethnic Festivals

Chicago is home to dozens of annual ethnic festivals, especially in the summer. Keep in mind that during 2020 and possibly 2021, many of these festivals will be canceled or moved online due to the Covid-19 crisis. The below descriptions are based on the events as they occurred before Covid-19 arose.

Ethnic Festival in Chicago

The World Music Festival Chicago

The World Music Festival Chicago is sponsored by the Chicago city government. In 2019, the World Music Festival Chicago attracted more than 650,000 guests and more than 750 musical artists from over 80 countries. The 2020 version will be held online.

The Chicago Thai Food Festival

Thailand is famous for its delicious food, and in recent years, its popularity has been growing faster in the United States than the popularity of just about any other ethnic cuisine. This event is sponsored by the Thai-American Restaurant Association of Illinois (TARA). Come and join us, even if you don’t like spicy food — despite its reputation, not all Thai food is spicy.

The Chicago Thai Food Festival typically includes a dozen or more food vendors from Chicago Thai restaurants, as well as Thai cultural activities and performances.

Lincoln Park Greek Fest

The Lincoln Park Greek Fest takes place on the grounds of the St. George Greek Orthodox Church. Offerings include delicious Greek food as well as traditional Greek music and dance. This event is co-sponsored by the St. George Greek Orthodox Church and the Lincoln Park Greek Community.

Irish-American Heritage Festival

The Irish-American Heritage Festival is sponsored primarily by the Irish American Heritage Center (although other sponsors contribute as well), and the festival is held on the grounds of this institution. The festival features both local and international Irish and Irish-American music, dance, and other activities.

In addition to music and dance, the Irish-American Heritage Festival offers Irish and American food and drinks, cultural exhibits, children’s activities, and dozens of vendors offering Irish clothing and jewelry as well as other items. Activities include a bags tournament and cultural exhibits in the Art Gallery, Library, and Museum of the Irish-American Heritage Center.

Bastille Day Chicago

Bastille Day Chicago is a French festival featuring a variety of activities related to French culture. Its focus is not limited to France but is extended to all French-speaking cultures. It features activities such as face painting, cupcake decoration, a bubble show, and other activities for young people.

Bastille Day Chicago also offers opportunities to play pétanque, a centuries-old French sport. Volunteers will be provided to demonstrate how to play the game and organize games among participants. Bastille Day Chicago also features concerts by international musical artists (Mwelwa Musambacine and the Irving Sisters are examples of past performers).

Chinatown Summer Fair

The Chinatown Summer Fair normally attracts over 40,000 people from Greater Chicago and beyond, making it one of the largest and most influential ethnic festivals in Chicago. The Chinatown Summer Fair celebrates the culture of China and elsewhere in the Far East. It exhibits the culture of the Far East including its food, art, and music. The festival takes place on Wentworth Avenue from Cermak Avenue to 24th Place.

Taste of Korea Festival

The Taste of Korea Festival is a free, two-day festival held each year in the Chicago suburb of Skokie, Illinois. The festival is a celebration of Korean culture that includes Korean food and alcoholic beverages (for guests 21 and over), as well as traditional Korean dance and cultural performances.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

Chicago’s Ethnic Media

Chicago is home to a tremendous variety of ethnic groups. It should be no surprise, then, that a great number of diverse ethnic media outlets have arisen. These outlets provide valuable information to various immigrant communities via newspapers, radio, TV, and the Internet, among other forms of media.

Ethnic Media in Chicago

Bulgaria Weekly

The Bulgaria Weekly is, as its name indicates, a weekly newspaper aimed at Chicago’s Bulgarian population. It was established in 2001 as Bulgaria’s first independent newspaper in Chicago. The publication attempts to reflect various aspects of life from the perspective of Bulgarians, Americans, and the world at large. In addition to the print version, the online edition can be found on the website.

Panamericano Hoy

Panamericano Hoy is a publication that focuses on building a positive image of Chicago’s Latinos, particularly Columbians, and fostering good relations between Latinos and other ethnic communities. The print version is distributed free of charge at various locations in Greater Chicago. The Internet version can be found on the website.

Chicago Jewish News

The Chicago Jewish News was founded in 1994 by Joseph Aaron, the publication’s first editor-in-chief. Quite naturally, it is focused on serving Chicago’s sizable Jewish population. Journalistically, it is well-respected — in fact, in 2015 it won the Simon Rockower Award for excellence in Jewish journalism in two different categories The newspaper’s circulation is approximately 40,000.

Muslim Journal

The Muslim Journal is an online magazine that covers business, culture, education, health, international affairs, national news, politics religion, science, sports, and technology from a Muslim perspective.

Russian Chicago

Russian Chicago was founded in Chicago in 1999 as the first Russian community website in Chicago. Its core business is as an online magazine designed to connect local ethnic communities to Chicago’s mainstream without sacrificing any group’s cultural heritage. In the pursuit of both of these seemingly contradictory ends, Russian Chicago seeks to create opportunities for cultural exchange.

Since 1999, Russian Chicago has become one of the most well-known Russian media outlets to be found anywhere in North America. Currently, Russian Chicago operates publishing, advertising, broadcasting, event management, TV, and video businesses.

Vashe Radio

Vashe Radio is a Russian language radio program that has been broadcasting in Chicago since 1995, on WSBC Chicago at AM1240. It is easily the most popular Russian language radio program in Chicago, largely due to programming that combines entertainment, news, “reality” programming, and original content.

Over the Internet and mobile, Vashe Radio broadcasts 24 hours a day. Its studio is located in the Chicago suburb of Skokie, Illinois, and its target audience is Russian-Americans between the ages of 22 and 49.

ASEAN Tribune

The ASEAN Tribune is an online regional news publication for Southeast Asians. Although it is not headquartered in Chicago, it is popular among Chicago’s large Southeast Asian community. The member countries of ASEAN (Association of Southeast Asian Nations) include Brunei Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

WOJO 105. 1 FM- La Que Buena

La Que Buena is a music-oriented radio station that is aimed at a Mexican-American audience. Its format includes classical, traditional, and alternative Mexican music. La Que Buena not only plays popular hits and old standards, but it also prides itself on playing music by new or unknown artists, in order to open doors for the entry of new talent into the market. You can find La Que Buena at 105.1 FM in Chicago.

The foregoing represents only a small fraction of the ethnic media outlets available in Chicago. Some forms of media, such as ethnic bookstores, were not listed above — but that doesn’t mean they don’t exist.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.

Chicago is Rated the Most Immigrant-Friendly City in the United States

Chicago has been suffering a net loss of immigrants since 2015. This trend is more than a little ironic since in November 2019 Chicago was listed as the No. 1 most immigration-friendly city among the nation’s 100 largest cities. The ranking is based on the second annual Cities Index issued by the New American Economy, a bipartisan immigration advocacy group. As a while, the Midwest region of the United States outperformed all other regions.

This honor is of no small significance. Chicago Mayor Lori Lightfoot, in a statement welcoming Chicago’s top ranking, described Chicago public officials and community activists as people “who have come together to stand up and fight for the rights of our immigrant and refugee communities, no matter the cost.”

Factors that Influenced Chicago’s High Ranking

Following are some of the factors that influenced Chicago’s top ranking, 4.38 out of 5 possible points:

  • Government leadership, where Chicago received a perfect score;
  • Job opportunities;
  • Civic participation, where Chicago’s score was relatively low;
  • Naturalization to citizenship rate among foreign-born participation (nearly 77 percent in Chicago);
  • Labor force participation rate;
  • Unemployment rate;
  • Percentage employed in high-prestige occupations such as medicine;
  • Median income;
  • Entrepreneurship rate, which was significantly higher among the foreign-born than the US-born;
  • Home ownership rate;
  • Percentage of foreign-born population covered by health insurance;
  • Percentage of foreign-born population with various educational attainments such as high school diplomas, bachelor’s degrees, and advanced degrees;
  • Poverty rate; and
  • Percentage who received benefits such as food stamps, Medicaid, welfare, or Social Security benefits (with the exception of food stamps, foreign-born Chicagoans received these benefits at a significantly lower rate than US-born Chicagoans did.)

Who is Involved in the Partnership for a New American Economy?

The Partnership for a New American Economy was founded in 2010 by media luminaries as Michael Bloomberg and Rupert Murdoch. It is also composed of a lot of other important people — CEOs of major corporations such as Boeing, Disney, and Hewlett Packard, to begin with, as well as a number of big-city mayors who recognize the contributions of immigrants to their local economies.

What Does the Partnership for a New American Economy Stand For?

What binds all these people together is a core commitment to certain goals in US immigration law and policy. While some Americans advocate open borders, others counsel hanging a “No Vacancy” sign on the Statue of Liberty’s torch. The New American Economy, by contrast, takes the middle path of immigration reform.

The Partnership for a New American Economy advocates immigration reform as essential to the repair and stimulation of the US economy. Although it supports secure borders and opposes illegal immigration, it does support legal reforms that would make it easier for immigrants to come to the US legally, such as creating more opportunities for immigrants to join the U.S. workforce.

It also supports building a bridge to eventual citizenship for qualifying undocumented immigrants. Naturally, if this plan is actually implemented, it would be a welcome development for the estimated 400,000 undocumented immigrants living in Illinois. Keep in mind that Chicago hosts far more undocumented immigrants than any other location in Illinois.

Contact your immigration lawyer in Chicago, Illinois should you have any questions and read more information about immigration in Chicago now.