ATEMBE

Citations

• 19 I. & N. Dec. 427

Syllabus

ATEMBE, 19 I&N Dec. 427 (BIA 1986) ID 3023 (PDF) Notwithstanding the fact that an illegitimate child may qualify for immigration purposes as the \child\ of his or her natural father following the amendment on November 6, 1986, of section101(b)(1)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(D) (1982), provided paternity is established and the father \has or had a bona fide parent-child relationship\ with thechild, a visa petition filed prior to the effective date of the amendment may not be used to obtain preference status for the beneficiary under section 203(a) of the Act, 8 U.S.C. § 1153(a) (1982),because approval of the visa petition would give the beneficiary a priority date to which he or she was not entitled at the time the visa petition was filed. Matter of Drigo, 18 I&N Dec. 223 (BIA1982) and Matter of Bardouille, 18 I&N Dec. 114 (BIA 1981), followed.