Statement by DHS

STATEMENT BY DEPARTMENT OF HOMELAND SECURITY SECRETARY JOHN KELLY ON THE ENTRY OF LAWFUL PERMANENT RESIDENTS INTO THE UNITED STATES WASHINGTON – In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national interest. Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.

On January 27ht, 2017 President Donald Trump signed executive order "Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals" aiming to keep out 'radical Islamic terrorists."

Country leaders, the United Nations and international groups have condemned President Trump’s measures now called “Muslim ban against refugees and travelers from several Muslim countries. 

Under New Order the Secretary of Homeland Security and Secretary of State shjall fimplement:

• Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. The countries impacted are Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia, cording to the White House.
• Rearrangement of the U.S. Refugee Admissions Program for Fiscal Year 2017The total number of refugees admitted into the United States would also be capped during the 2017 fiscal year at 50,000,
• Implementing Uniform Screening Standards for All Immigration Programs as part of the adjudication process for immigration benefits to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission.
• Improvement of Biometric Entry-Exit Tracking System.
• Suspension of the Visa Interview Waiver Program, which once allowed repeat travelers to the United States to be able to forgo an in-person interview to renew their visa. Under the new order, all travelers will now have to have in-person interviews.

Parol for Start-up Entrepreneurs

DHS is amending its regulations Section 212(d)(5) of the Immigration and Nationality Act (INA implementing this authority to increase and enhance entrepreneurship, innovation, and job creation in the United States. As described in more detail below, the final rule would establish general criteria for the use of parole with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid growth and job creation that they would provide a significant public benefit to the United States. In all cases, whether to parole a   individual under this rule is a discretionary determination that would be made on a case by-case basis.

An applicant would need to demonstrate that his or her parole would provide a significant public benefit because he or she is the entrepreneur of a new start-up entity in the United States that has significant potential for rapid growth and job creation. DHS believes that such potential would be indicated by, among other things, the receipt of (1) significant capital investment from U.S. investors with established records of successful investments or (2) significant awards or grants from certain Federal, State, or local government entities. 

The final rule will be published on January 17, 2017

For details see http://www.iv-law.com/cleveland-immigration-lawyer/nonimmigrant-visas/international-entrepreneur-rule/

Will DACA survive under president Trump

In the House of Representatives and the U.S. Senate a new bill called The Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act, which would provide work authorization and relief from deportation for three years to individuals who are eligible for the Deferred Action for Childhood Arrivals (DACA) initiative created in 2012. 

New Policy towards Cuba

American Immigration Counsel

"On January 12, the White House announced the end of the “wet-foot, dry-foot” policy towards Cuban migrants. Effective immediately, Cubans who attempt to enter the U.S. unauthorized will be treated the same as other migrants. They will not be automatically “paroled” (granted entry to the United States by an immigration officer), and thus eligible for benefits under the Cuban Adjustment Act, including eligibility for permanent residence after one year.

The administration also announced that, in light of the increased “normalization” of relations between Cuba and the United States, Cuban migrants will no longer be exempt from expedited removal, where individuals are summarily removed from the country without ever seeing an immigration judge. Also being terminated is a special program offering parole for Cuban medical professionals and their families."

Citizenship Application N-400

Starting December 23, 2016 individuals applying for citizenship must use only the 12/23/16 edition of Form N-400, Application for Naturalization. USCIS will reject earlier versions of the form after that date. Applications postmarked or filed on or after Dec. 23 must also include the new fees or USCIS will not be able to accept them.

Please check https://www.uscis.gov/n-400 for the details. 

New USCIS fees

effective December 23, 2016 USCIS has new fee schedule. Yes, the fees are increased.  Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees or USCIS will reject your submission.   

Check new fees here https://www.uscis.gov/forms/our-fees

So file before Christmas to utilize old application fees!!!

Happy Holidays from USCIS...