Get answers to the top 5 most-asked immigration questions on Reddit for the week of February 17, 2025:
This week, we’re tackling the following questions:
- How might the Trump administration impact O and EB-1 visa pathways?
- I am currently undocumented in the U.S. How can I obtain legal status?
- Does the Visa Bulletin apply to IR1/IR2 categories? How does the process differ for U.S. citizens petitioning for spouses or children?
- How might ongoing immigration-related negotiations between the U.S. and Canada affect travel and tourism between the two nations?
- Can undocumented immigrants get driver’s licenses in the U.S.?
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Disclaimer: While Boundless is authorized to own and operate our law firm, this response is coming from our research team, not our attorneys. The information we provide on this page is not legal advice.
#1: How might the Trump administration impact O and EB-1 visa pathways?
The Trump administration recently issued several immigration-related executive orders that could impact O visas and EB-1 visas — nonimmigrant and immigrant work visas, respectively, for individuals with “extraordinary ability.” While the executive orders don’t explicitly target either visa category, the overall climate of increased scrutiny and restriction may affect them in the following ways:
- Stricter Vetting: Enhanced vetting, particularly for individuals from countries deemed “high risk” to U.S. national security, may lead to an increase in Requests for Evidence (RFEs) and a higher risk of denial.
- More Restrictive Eligibility Requirements: A stricter interpretation of what qualifies as “extraordinary ability” could make it harder for applicants to meet the visa criteria.
- Processing Delays: Increased scrutiny may result in longer processing times for O and EB-1 visa applications.
- Greater Burden on Employers: Companies sponsoring O and EB-1 visa applicants may face additional compliance requirements, higher legal costs, and increased uncertainty when hiring foreign talent. Stricter policies could also deter highly skilled individuals from pursuing opportunities in the U.S., making it more difficult for employers to fill specialized roles.
In the coming months, the administration may attempt to balance these restrictions with the needs of industries dependent on highly skilled workers, particularly in technology and research sectors. It’s worth noting that many of these executive orders face ongoing legal challenges, with some already blocked by courts. Their ultimate impact will depend on how these legal battles unfold and how strictly the policies are enforced.
In any case, O and EB-1 applicants should be prepared to present strong cases that clearly demonstrate their eligibility, as well as compliance with all relevant laws and regulations.
#2: I am currently undocumented in the U.S. How can I obtain legal status?
Obtaining legal status can be challenging, and your success depends on several factors, including your immigration history and your eligibility for relief options. Some common pathways include:
- Family-Based Immigration: If you have a spouse, parent, or child (over 21) who is a U.S. citizen or lawful permanent resident (green card holder), you may be eligible for a family-sponsored green card. However, if you entered the U.S. unlawfully, you might need to apply for a waiver of inadmissibility or go through consular processing in your home country.
- Employment-Based Immigration: Some undocumented individuals may qualify for an employment-based visa if they have an employer willing to sponsor them. However, most employment visas require lawful entry into the U.S., so this option is limited unless you qualify for special programs.
- Asylum or Refugee Status: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. Generally, asylum must be applied for within one year of arriving in the U.S., but exceptions exist.
- Special Immigration Programs: Certain groups of undocumented individuals may qualify for legal status under special immigration programs, such as:
- DACA (Deferred Action for Childhood Arrivals): Protects undocumented individuals who arrived in the U.S. as children, though it does not provide a direct path to a green card.
- Temporary Protected Status (TPS): Available for nationals of certain countries experiencing war, natural disasters, or other extreme conditions.
- U Visa or T Visa: For victims of crime (U Visa) or human trafficking (T Visa) who cooperate with law enforcement.
- Cancellation of Removal: If you have been in the U.S. for at least 10 years, have good moral character, and can prove that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident spouse, child, or parent, you may be eligible for cancellation of removal before an immigration judge.
- Marriage to a U.S. Citizen: Marrying a U.S. citizen may provide a pathway to a green card, but if you entered unlawfully, you might need a waiver and consular processing outside the U.S. before reentering legally. See also: Can I Sponsor My Undocumented Spouse’s Green Card?
- Registry: If you have been continuously living in the U.S. since before January 1, 1972, you may qualify for a green card under a process known as “registry,” even if you are undocumented.
Since immigration laws are complex and subject to change, it’s a good idea that you speak with a qualified immigration attorney or an accredited legal service provider. They can evaluate your options based on your unique circumstances and help you navigate the process.
#3: How might ongoing immigration-related negotiations between the U.S. and Canada affect travel and tourism between the two nations?
Ongoing U.S.-Canada immigration discussions are focused on border security, visa policies, and asylum seeker agreements. While specifics are still being negotiated, possible changes could include:
- Tighter entry requirements: Stricter visa policies for certain nationalities entering Canada or the U.S. could lead to increased scrutiny at the border.
- Changes to the Safe Third Country Agreement (STCA): If the agreement is expanded, it could affect asylum seekers trying to cross into Canada or the U.S. to seek refuge.
- Longer processing times: If immigration policies tighten, even temporary visa applications for tourism or family visits might face additional delays.
For now, Canadian and U.S. citizens can still travel freely under current visa-free agreements, but visitors from other countries should monitor updates for any changes in eligibility requirements.
#4: I’m an asylee who just received my green card. Why is my green card backdated by one year?
When an asylee is granted lawful permanent resident (LPR) status, their green card is typically backdated one year from the approval date. This is because U.S. immigration law allows asylees to apply for a green card one year after being granted asylum, and USCIS automatically adjusts the date to reflect this.
The benefit of this backdating is that it allows asylees to apply for U.S. citizenship sooner. Instead of waiting the usual five years for naturalization, asylees can apply four years from the date printed on their green card (since they already accumulated one year as an asylee).
#5: Can undocumented immigrants get driver’s licenses in the U.S.?
Yes, undocumented immigrants can get a driver’s license in some parts of the United States, but not everywhere. As of February 2025, 19 states and Washington D.C. allow undocumented immigrants to obtain driver’s licenses:
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Utah
- Vermont
- Virginia
- Washington
The types of licenses available to undocumented immigrants vary by state:
- Unrestricted licenses: These are the same as licenses issued to U.S. citizens. Only New Mexico and Washington State offer these.
- Driving-privilege only licenses: These allow legal driving but cannot be used as state or federal ID.
- Driving-privilege licenses with state ID: These provide driving rights and serve as valid state identification.
In addition, while each state has its own requirements for undocumented immigrants to obtain a driver’s license, they generally include:
- Proof of identity (e.g., foreign passport, consular card)
- Evidence of state residency
- Passing driving knowledge and skills tests
It’s important to note that these licenses are often not compliant with the federal REAL ID Act, meaning they cannot be used for federal purposes such as boarding flights or entering federal facilities.
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