Over the past few years, immigration officials in the United States have used a rule put in place by the administration of President Donald Trump to quickly expel certain types of people who entered the country illegally. This rule, known as Title 42, was created in March of 2020 in response to the COVID-19 pandemic, and its stated purpose was to prevent the spread of infections by immigrants entering the country. However, even though the threat of COVID-19 has decreased, this rule has remained in place, and it has allowed officials to expel 2.5 million people from the U.S.

While it may seem clear that Title 42 is no longer necessary to address health risks, multiple states have argued that the policy should remain in place. They have claimed that ending Title 42 would result in a wave of migrants entering the country, leading to serious problems as states struggle to provide the necessary housing and services. In November of 2022, a federal judge ruled that Title 42 was unlawful, and the policy was scheduled to end on December 21, 2022. However, 19 states pursued legal action to contest this ruling, and on December 27, 2022, the U.S. Supreme Court issued an order requiring Title 42 to remain in place until it reaches a decision on whether the states should be allowed to fight the judge's decision.

Immigrants to the United States may face a number of obstacles as they seek authorization to enter or remain in the country, obtain lawful permanent resident status, or become U.S. citizens. One important factor that can have an impact on an immigration case involves criminal convictions that occurred in the past. If you are an immigrant to the U.S. who has been convicted of a crime, you will need to understand how your conviction will affect your immigration status. 

Criminal Convictions Can Lead to Deportation 

One of the biggest consequences of having a criminal conviction as an immigrant is that it could lead to deportation proceedings in certain cases. Depending on the severity of the charge and any other factors involved, such as aggravating circumstances or prior offenses, a criminal conviction could result in removal from the country. "Deportable offenses" include:

Since 2020, U.S. immigration officials have used a rule known as Title 42 to expel certain immigrants who were accused of crossing the border illegally without following the standard deportation procedures. While Title 42 was initially put in place during Donald Trump's presidency, it has continued to be used during the administration of President Joe Biden. However, a federal judge recently issued a ruling that struck down this policy, and this may allow some immigrants to avoid expulsion and make their case for why they should be able to remain in the United States.

What Is Title 42?

During the COVID-19 pandemic, the Trump administration took action to issue an order through the Centers for Disease Control and Prevention (CDC) that would allow immigration officials to expel migrants who had entered the U.S. This order was meant to protect public safety by limiting the potential spread of infections by immigrants coming to the United States. Under Title 42, officials have been allowed to quickly expel immigrants from the country, often without giving them the chance to plead their case or provide evidence showing that they were eligible for asylum due to the credible fear of persecution.

Title 42 has been used to expel more than 2.4 million people from the United States, although many of these expulsions have occurred after people have made multiple crossings over the border. Critics of this policy have noted that it is often applied arbitrarily. For example, exceptions have been made for refugees from Ukraine who are fleeing the war in that country, but migrants from Mexico and Central America have continued to be expelled. To make matters worse, human rights advocates have found that those who are expelled are often placed at risk of harm, and more than 10,000 cases of violent attacks, sexual assaults, kidnappings, and torture have been identified among people who have been expelled from the United States into Mexico.

Receiving a green card is a dream come true for many immigrants. After all, securing permanent residency in the United States comes with a number of benefits, including the ability to live and work in the country indefinitely, access to social services, and, eventually, eligibility for citizenship. Workers who are seeking to immigrate to the U.S., those who are currently in the United States on a temporary work visa, and employers who are planning to sponsor foreign workers for immigration will need to understand the types of immigrant visas that may be available. By working with an experienced immigration attorney, employers and employees can make sure they take the correct steps to apply for employment-based visas and green cards.

Categories of EB Visas

There are limits on the number of foreign workers who may be approved for green cards. Typically, around 140,000 visas are available each year, although this limit has been increased in recent years due to issues related to the COVID-19 pandemic and other ongoing concerns. EB visas are issued in an order of preference:

• EB-1 Visas for workers with extraordinary ability - To qualify as someone with extraordinary ability, an immigrant must be able to demonstrate a high level of achievement in their field through acclaim, awards, scholarships, fellowships, or other similar evidence. This preference category also includes internationally recognized professors and researchers with at least three years of experience and multinational executives and managers who were employed during one or more of the previous three years by a foreign branch or subsidiary of the employer that is sponsoring them for immigration.

  ...

People from foreign countries come to the United States for a variety of reasons, and in many cases, they may wish to become permanent residents. Those who are currently living in the U.S. may apply for an adjustment of status, and if their request is granted, they will receive a Green Card and be designated as a lawful permanent resident.

However, the ability to receive an adjustment of status will depend on the type of visa available to a person and multiple other factors. By understanding the options for immigration, a person can make sure they will be able to take the correct steps to live permanently in the United States.

Adjustment of Status for Different Types of Immigrants

A person who is currently present in the United States and who is eligible for a Green Card may apply for an adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS). Situations where adjustment of status may be available include: