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Immigration Law

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015

On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates become current.

Early next year, the Department of State’s National Visa Center will contact U.S.-citizen and LPR petitioners and provide instructions on how beneficiaries can apply for the program. People who do not receive written notices of eligibility cannot apply.

Those who qualify for the program will be eligible for employment authorization, but will not become lawful permanent residents until their priority dates become current.

More information is available at

USCIS To Recognize Gestational Mothers for Immigration Purposes

On October 28, 2014, USCIS issued Policy Alert PA-2014-009, stating that non-genetic gestational mothers—i.e., women who gave birth to a child conceived with another woman’s egg—will be recognized as legal mothers for immigration purposes. Previously, the government had required a genetic relationship with a U.S.-citizen parent for a child born abroad to acquire citizenship at birth. The alert is reprinted at Appendix A.

Old LCAs No Longer Available

 The Department of Labor has decommissioned the online system for retaining old Labor Condition Applications submitted in connection with applications for H-1B visas. The Office of Foreign Labor Certification will no longer provide such records in response to requests under the Freedom of Information Act.

OIG Report on Bureau of Consular Affairs

The Department of State Office of Inspector General has released a report on its inspection of the Bureau of Consular Affairs, Visa Services Directorate. The report is available at

Legal Orientation Program Expands to Karnes City, Texas

The Executive Office for Immigration Review announced the expansion of the Legal Orientation Program to the immigration detention center in Karnes City, Texas, effective November 1, 2014.

New York State Guidance to Schools on Unaccompanied Children 

On September 10, 2014, the New York State Education Department issued a memorandum regarding services to recently arrived unaccompanied children to district superintendents, superintendents of schools, and administrators of public, charter, and nonpublic schools. The memo is reprinted at Appendix B.

Bender's Immigration Bulletin

[This is an excerpt from the Nov. 15, 2014, issue of Bender's Immigration Bulletin.]

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