Immigration Attorneys Warn Off Donald Trump’s $1 Million Gold Card Visa Program

Immigration attorneys are warning prospective applicants off Donald Trump’s “Gold Card” visa program, which the Washington Post said has received only a few dozen applications in several months and relies on existing visa classes E-B1 and E-B2 rather than an act of Congress.

Michael Wildes, the attorney who represented first lady Melania Trump when she immigrated to the U.S. in 1996, told the Post, “It would be unethical of me to retain them,” while describing the program’s legal grounding as insufficient for his office to assist with applications.

Alternet

The program allows applicants to supply a $1 million donation to the federal government in exchange for bypassing the “extraordinary ability” requirements of E-B1 and E-B2, and by law the visas must be accepted or denied in the order they were filed.

The Washington Post reported that more than a half dozen immigration attorneys specialized in the wealthy clientele were advising clients against applying or actively refusing to work with those who did.

The Trump administration has already been sued by a handful of groups over the “Gold Card” program, including the American Association of University Professors, as the visa was activated in June of last year and rolled out via “Trumpcard.gov.”

A Department of Homeland Security court filing reviewed by Newsweek and reported by other outlets shows the program’s uptake has lagged behind earlier projections, with Newsweek saying only 338 applicants had submitted requests since launch and only 165 had paid the processing fee.

The Times of India reported that the DHS court filing stated that only 338 people had submitted requests for a Trump Gold Card and that just 165 applicants had paid the $15,000 processing fee, while also noting the administration had promoted a $5 million route for wealthy investors.

Forbes Colombia

Commerce Secretary Howard Lutnick told lawmakers at an April 23 hearing that “they have approved, recently, one person, and there are hundreds in the queue,” and the Independent reported that Lutnick claimed there were “hundreds” more in line to apply.

The Independent also reported that the program was activated in June of last year and that “Trumpcard.gov” promises applicants legal U.S. residency “in record time” assuming they pass a background check from U.S. Citizenship and Immigration Services, submit a $15,000 processing fee, and then make a $1 million payment.

In the same reporting, the Independent said the administration revealed in a court filing that fewer than 60 people had supplied paperwork to the Department of Homeland Security to go ahead with applications for the program.

Lawyers for the global elite are also framing the Gold Card as legally dubious and financially risky because it lacks congressional authorization and exists only through executive action, according to the Washington Post reporting cited by The Independent and the Daily Beast.

“President Donald Trump’s gold card visa program has attracted just 338 applicants since launch, far below early projections that it would draw wealthy foreign nationals in large numbers, according to a Department of Homeland Security (DHS) court filing”

Newsweek

Rosanna Berardi, an immigration lawyer quoted by the Times of India, said, “As immigration counsel, our obligation is always to protect our clients’ interests,” and added, “we do not believe it is appropriate to recommend a program with such significant legal uncertainty and financial risk.”

The Independent reported that the Trump administration has been sued by a handful of groups over the program’s future, and it said the visa uses existing visa classes E-B1 and E-B2 while critics argue it violates the legal intent of those classes.

The Daily Beast reported that Mona Shah has two clients applying and warned them the visa might amount to “false advertising” and may ultimately lead nowhere, while also stating that gold visa applicants would not supersede EB-1 or EB-2 visas.

The Independent further reported that the Trump administration is seeking to expel millions of undocumented immigrants, and it tied the Gold Card controversy to a broader enforcement push that led to the deaths of two Americans in confrontations with agents during one surge in Minneapolis earlier this year.