DHS Publishes Final Rule on Notices of Decisions and Documents Evidencing Lawful Status

On Oct. 29, 2014, the Department of Homeland Security published a final rule amending its regulations governing when USCIS will

  • correspond with,
  • issue a notice of decision to, or
  • provide documents to

an applicant, petitioner, or requester, and/or an attorney of record or accredited representative.

Afghan SIV (Special Immigrant Visas) Program Update

The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Afghan nationals under section 602(b) of the Afghan Allies Protection Act of 2009, as amended, was extended. 1,000 SIVs, in addition to the 3,000 visas for Afghan principal applicants originally allocated for use in Fiscal Year 2014, may be issued until December 31, 2014. We expect that these visas will all be issued before that date. We welcome action by Congress to extend this program. We are making arrangements to quickly resume issuances of SIVs to Afghan principal applicants if more visas are allocated.

BIA- Form I-9 Admissible to Support Charges of Removability Against an Alien And to Determine His or Her Eigibility for Relief From Removal

A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or  her eligibility for relief from removal.  For more details please see Matter of Ezra Kibichii BETT (Cite as 26 I&N Dec. 437 (BIA 2014) ) - Interim Decision #3818.


USCIS Expands the Definition of “Mother” and “Parent” to Include Gestational Mothers Using Assisted Reproductive Technology (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 the Department of State (DOS), who exercise authority over these issues, collaborated in the development of this policy. USCIS and DOS concluded that the term “mother” and “parent” under the INA includes any mother who: