Tuesday, October 28, 2014

​Newsflash – USCIS Amends Definition of “Mother” and “Parent” under INA

On Tuesday, October 28th, USCIS issued a new policy to clarify the definition of “mother” and “parent” under the Immigration and Nationality Act (INA).  The new definition will include gestational mothers using assisted reproduction technology, regardless of whether or not they are the genetic mother, as well as any mother who gave birth to the child and was the child’s legal mother at the time of birth.  Under this new policy, a mother who meets the new definition but does not have a genetic relationship with her child will be able to petition for her child based on their relationship, be eligible to have her child petition for her based on their relationship, and will be able to transmit U.S. citizenship to her child, if she is a U.S. citizen as well.

For more information, please see USCIS’ alert here.

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