BRENINZON

Citations

• 19 I. & N. Dec. 40

Syllabus

BRENINZON, 19 I&N Dec. 40 (BIA 1984) ID 2959 (PDF) (1) Article 6 of the 1979 Constitution of Peru does not eliminate all legal distinctions between legitimate and illegitimate children and, consequently, a child born out of wedlock in Peru may not be considered a legitimate or a legitimated child within the meaning of sections 101(b)(1)(A) or (C) of the Immigration and Nationality Act, 8 U.S.C. Sec.Sec. 1101(b)(1)(A) or (C)(1982), by virtue of its provisions. (2) The legitimation of a child born out of wedlock can only be accomplished under Peruvian law by the subsequent marriage of the child's parents or by a judicial declaration upon petition of the legitimating parent. Matter of Quispe, 16 I&N Dec. 174 (BIA 1977), reaffirmed.