As of Thursday, January 26, 2017, ICE headquarter had not issued new directives or guidance on how to implement the Executive Orders signed by President Trump. However, some local ICE offices, including Kansas City Office of Chief Counsel, will hold requests for prosecutorial discretion (PD) in abeyance .
On January 19, 2017, USCIS issued an memorandum clarifying the procedure regarding gender change requests on USCIS official documents.
The individual must present one of the following forms of evidence in support of the change in gender designation:
A court order granting change of sex or gender;
A government-issued document reflecting the requested gender designation, including an amended birth certificate, a passport, a driver’s license, etc.;
A letter from a licensed health care professional certifying that the requested gender designation is consistent with the individual’s gender identity;
USCIS may request additional evidence of the individual’s gender identity. Once approved, USCIS will issue an initial or amended document reflecting the changed gender designation. However, USCIS-issued documents are limited to indicating only female or male. Read the complete memo (17011937) here.
A portion of the Forms I-765, Application for Employment Authorization, filed by applicants with pending asylum applications went from the Nebraska Service Center and the Texas Service Center to the Potomac Service Center. It should not affect the processing time.
In addition, starting January 19, 2017, you must file your Form I-140 and Form I-907, Request for Premium Processing, at the addresses listed below.
The beneficiary will work in…
For U.S. Postal Service (USPS) First- Class and Priority Mail Express deliveries
For overnight/courier deliveries (non-USPS)USPS
Maryland, New Jersey, or Pennsylvania
USCIS Texas Service Center P.O. Box 279030
Dallas, TX 75227-9030
USCIS Texas Service Center 4141 N Saint Augustine Dr. Dallas, TX 75227-4818
USCIS Nebraska Service Center P.O. Box 87103
Lincoln, NE 68501-7103
Premium Processing USCIS Nebraska Service Center
850 S. Street
Lincoln, NE 68508
The final rule is published on January 17, 2017, available online at Federal Register. Department of Homeland Security (DHS) encourages foreign entrepreneurs to create and develop start-up entities. This rule provides guidance on the use of advanced parole for international start-up entrepreneurs. If granted, parole would provide an initial stay of up to 30 months (2.5 years), and may be extended to an additional 30 months (2.5 years), the equivalent of 5 years. This rule is effective 180 days from the publication.
DHS retains discretion to grant parole on a case-by-case basis. The applicant must demonstrate that his or hers new start-up entity has significant potential for rapid growth and job creation. The parole applicant must demonstrate: (1) he has formed a new entity in the United States within the 5 years prior to filing of the parole application; (2) the applicant must possess at least 10 percent ownership interest, and has an active and central role in the business operation; and (3) the applicant must show the start-up entity has received investments of capital totaling $250,000 or more.
If parole is granted, the entrepreneur will be authorized for employment. If the parolee seeks an extension, he or she must continue to be an entrepreneur of the start-up entity, and must further validate the entity’s potential for rapid growth and job creation. The applicant can do so by showing additional substantial investments of capital, substantial and rapidly increasing revenue, or it created at least 5 full-time jobs.
While Military Accessions Vital to the National Interest (MAVNI) is in the limbo and Deferred Action for Childhood Arrivals (DACA) DREAMers are facing an uncertain future, this week, U.S. Representative Jeff Denham (R-Turlock) re-introduced the Encourage New Legalized Immigrants to Start Training Act (ENLIST Act). The ENLIST Act applies only to undocumented immigrants who were under the age of 15 when they were brought to the U.S. by their parents prior to 2012. They have to speak English, have a high school degree, as well as passing other strict military requirements. However, it does not guarantee applicants would be accepted into the military.
Denham’s bill was introduced in 2014, and again in 2015, but never passed. The ENLIST Act is not to incentivize more illegal immigrants to come to the United States because it only applies to people who are already in the U.S.