HERNANDEZ

Citations

• 19 I. & N. Dec. 14

Syllabus

HERNANDEZ, 19 I&N Dec. 14 (BIA 1983) ID 2953 (PDF) (1) Under Colombian Law No. 29 of February 24, 1982, all children born in Colombia have equal rights and obligations. (2) When the country where the beneficiary was born and resides eliminates all legal distinctions between legitimate and illegitimate children, all natural children are deemed to be the legitimate offspring of their natural father from the time that the country's laws are changed. (3) If the status of a legitimate child arises after the child is born, the requirements of 101(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1101(b)(1)(C)(1982), must be met therefore, the status of a legitimate child must arise prior to the beneficiary's 18th birthday to qualify the beneficiary for immigration benefits.