GARCIA

Citations

• 19 I. & N. Dec. 416

Syllabus

GARCIA, 19 I&N Dec. 416 (BIA 1986) ID 3020 (PDF) (1) In order to accord preference status to the beneficiary as his unmarried son under section 203(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(a)(2) (1982), a petitioner must establish that the beneficiary qualified as his \child\ within the meaning of section 101(b)(1) of the Act, 8 U.S.C. § 1101(b)(1) (1982). (2) Under the New Jersey Parentage Act, effective May 21, 1983, all children and parents have equal rights with respect to each other regardless of the marital status of the parents. N.J. Stat.Ann. §§ 9:17-38 to -59 (West 1983). Matter of Clarke, 18 I&N Dec. 369 (BIA 1983), modified. (3) To qualify as a legitimated \child\ under section 101(b)(1)(C) of the Act, a beneficiary must be under 21 years of age and must have been legitimated before reaching the age of 18 years. (4) Where the petitioner seeks to establish that the beneficiary was legitimated under the New Jersey Parentage Act within the meaning of section 101(b)(1)(C) of the Act, he must prove thathe had a residence or domicile in New Jersey prior to the beneficiary's 18th birthday.