DOS Updates Information for U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad

"Transmission of U.S. citizenship at birth to a child born abroad is governed by Immigration and Nationality Act (INA) Sections 301 and/or 309. The Department of State interprets the INA to require a U.S. citizen parent to have a biological connection to a child in order to transmit U.S. citizenship...

DOS Cable: POLICY CHANGE RELATED TO CHILDREN BORN ABROAD THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY

"There has been a recent policy change related to children born abroad through assisted reproductive technology (ART). The previous policy required that a mother have a genetic connection to a child in order to qualify as a parent for the purpose of obtaining immigration benefits. Under the new...

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART). It will no longer be necessary in all such cases for the “mother “to...

News Excerpts from the March 1, 2014, Bender’s Immigration Bulletin

Federal Judge Certifies Class Action in Mandatory Detention Lawsuit On February 10, 2014, U.S. District Judge Michael Ponsor certified a class consisting of noncitizens in Massachusetts who are challenging their mandatory detention under Section 236(c) of the INA. The class representative, Mark...

USCIS Expands Definitions of “Mother” and “Parent” to Include Gestational Mothers Using ART

"USCIS issued a new policy ( PA-2014-009 ) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers. USCIS and...