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Immigration Alert: Policy Updates from the USCIS & CDC

Immigration Law

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USCIS Updates Policy on Children Born Though Assistive Reproductive Technology

U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance for determining whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock.” The USCIS states it will allow a non-genetic, non-gestational legal parent of a child to transmit U.S. citizenship to the child if the parent is married to the child’s genetic or gestational parent at the time of the child’s birth, and the relevant jurisdiction recognizes both parents as the child’s legal parents. This removes another hurdle to same sex marriages utilizing ART.

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Class Action Challenging Extreme Delay of Preference Petitions

125 Indian and Chinese nationals with approved I-140 petitions have brought a lawsuit against the USCIS to compel the agency to adjudicate their petitions before October 2021. The plaintiffs have all filed applications for permanent residency during or before December of 2020, filed a lawsuit in the U.S. District Court for the District of Maryland alleging that USCIS’s failure to timely adjudicate their permanent residency applications would result in the loss of thousands of “rollover” employment-based visas. Chakrabarti, et al. v. USCIS, et al., 8/3/21.

CDC Issues a New “Title 42” Order

The CDC has updated their prior rule suspending the entry of certain noncitizens on the borders of the United States due to Public Health grounds under Title 42 of the U.S. Code. This new rule supersedes the 10/13/20 “Order Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists.” The controversial rule, which is also part of ongoing litigation, allows Customs and Border Patrol Agents to immediately remove migrants found to cross the border. It also denies those migrants the ability to seek asylum.

Expansion of Registration Period for New TPS applications from Venezuela, Syria and Burma

The DHS has increased the registration period for TPS applicants from Venezuela, Syria and Burma from 180 days to now 18 months.


Tully Rinckey is able to assist people and organizations world-wide with domestic and international immigration matters. Attorney Michael Freestone is well versed in representing large corporations and is able to navigate complex immigration issues and analyze the facts and recommend the best course of action.

Contact us today to schedule a consultation with one of our attorneys at (202) 787-1900, or click the link below to book a consultation online.

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