If you’ve been thinking about applying for an immigration benefit, whether it be a work card, visa, green card, or citizenship, you’re not alone—but you might also be wondering: “Is it safe to file right now?”
That is a totally valid question, especially in times like these. With growing uncertainty about immigration policies and politics in general, many people are feeling nervous. The truth is, whether or not it’s a good time to file depends on your unique situation. However, we want to walk through the general considerations to help you make an informed decision.
Why People Are Concerned
We’re living in a time when immigration policy can shift quickly. Changes in presidential leadership and agency priorities can affect how immigration cases are processed, what protections are offered, and how enforcement is carried out.
Some people worry that applying for an immigration benefit could “put them on the radar,” especially if they don’t currently have lawful status. Others are unsure whether starting a process now might hurt them if laws change in the future.
These are real concerns. But they’re not one-size-fits-all, and there are also real opportunities right now.
When Should You Still File
Benefitting from Current Policies
Right now, many immigration benefits are available under policies that could change in the future. For example, some humanitarian programs and deferred action options may be paused or eliminated under the current administration. Filing now could “lock in” your eligibility before any future changes.
USCIS Processing Can Be Slow
Immigration cases often take months—usually years—to process. By filing now, you’re getting in line. If you wait, and processing times increase, you might end up waiting even longer.
Filing Can Offer Protection
In some cases, applying for a benefit like asylum, U visa, VAWA, or TPS (Temporary Protected Status) can offer certain protections from deportation or removal while your case is pending. This isn’t a guarantee, but for many, having a pending case is safer than having no case at all.
You May Get Work Authorization
Some types of immigration filings allow you to apply for a work permit while you wait. This can open up job opportunities, help you support your family, and give you more stability. The Employment Authorization Document is also often a valid form of verifying your immigration status, even if your case is still pending, offering an additional form of protection.
When It Might Be Better to Wait
Risk of Denial and Exposure
Filing an immigration case means giving the government information about you, often including your address. If you have a criminal history or prior deportation order, or have entered the U.S. unlawfully multiple times, filing may expose you to enforcement risk if your case is denied. This is why it’s essential to speak with a qualified immigration attorney first.
No Privacy From Immigration Enforcement
Once you file, you’re on the government’s radar. This is usually not a problem if you’re eligible for relief—but if there are red flags in your case, enforcement agencies could access that information.
Future Policy Shifts Could Affect Pending Cases
There’s always some risk that a future administration could change how pending cases are handled, especially for discretionary programs like DACA or humanitarian parole. Although historically, cases that are already filed often receive some form of protection during transitions.
Should I File or Wait?
Here’s a general guide—but remember, always consult with an immigration attorney to assess your individual case.
It’s often a good idea to file now if you:
- Are eligible for a family-based petition (like through a spouse or parent)
- Qualify for humanitarian relief like asylum, U visa, VAWA, or TPS
- Are applying for naturalization (citizenship)
- Want to preserve your eligibility while current policies still support it
You may want to wait and speak with a lawyer first if you:
- Have criminal convictions or a complicated immigration history
- Are considering a discretionary program and unsure if you qualify
- Are concerned about whether you qualify for a waiver or need one
Bottom Line
It’s natural to feel nervous, especially during uncertain times. But the decision to move forward with an immigration case can also be an act of courage—and an important step toward greater security and stability for you and your family.
At Hope Immigration, we’re here to walk with you every step of the way. We’ll review your options carefully, explain the risks and benefits clearly, and help you make the decision that’s right for you.