Colombians in the United States are closely following the election of Abelardo de la Espriella as Colombia’s new president. Immigration rules change often, and a change of government in the home country can also influence immigration matters. Below, immigration attorney Jesús Reyes explains what Colombians in the United States should keep in mind.
What changes for Colombians in the United States?
Colombia has a president-elect whose government is seen as aligned with the current U.S. administration’s priorities. Beyond politics, what matters for our community is how this new scenario may influence certain processes. There are three topics worth keeping on your radar.
EB-2 and E-2 Visas: Two Different Paths
With a government aligned with U.S. immigration priorities, these paths are likely to remain available for Colombian nationals.
The EB-2 is an employment-based green card, intended for professionals, people with advanced degrees, or those with exceptional ability. Through the National Interest Waiver (EB-2 NIW), even certain entrepreneurs whose work benefits the United States may qualify. You can learn more in the official USCIS information on the EB-2.
The E-2, on the other hand, is the investor visa. It is designed for those who invest in a U.S. business (roughly from $100,000) and create jobs. The E-2 grants legal status while the investment is maintained.
Note: the EB-2 and the E-2 are different processes with different requirements. An attorney can help you identify which one best fits your profile.
Asylum Cases: Every Case Is Different
When a country comes to be seen as more stable, some asylum cases can become harder to sustain. However, every asylum case is unique, and not all are the same.
If a person can prove they were a victim of persecution — for example, by armed groups, paramilitaries, or guerrillas — and that the State failed to protect them, they may be eligible for political asylum. There are also other forms of protection worth evaluating with an attorney.
Can the President Hold Several Citizenships, Including U.S. Citizenship?
This was one of the most frequent questions from our audience, since the president-elect reportedly holds three citizenships: Italian, Colombian, and U.S. (by naturalization).
The answer is yes. A person can keep their U.S. citizenship along with other nationalities, as long as they do not intend to give it up and do not act against the interests of the United States, even while holding public office in another country.
What Colombians in the United States Should Do
If you or a family member has a case in progress or is considering starting one, this is a good time to review your situation. Immigration laws change frequently, and every case is unique.
At our immigration firm we evaluate the legal options available for your specific case. We invite you to schedule a consultation with attorney Jesús Reyes to review your options clearly.
