PAGAN

Citations

• 22 I. & N. Dec. 547

Syllabus

PAGAN, 22 I&N Dec. 547 (BIA 1999) ID 3378 (PDF) (1) Although the paternity of a beneficiary must be established in order to qualify as a \legitimated\ child under section 101(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(C) (1994), the childs father need not prove that they have any relationship other than a purely biological one. (2) As blood tests are the sole manner of proving a claimed biological relationship expressly mentioned in the federal regulations that do not require any previous personal relationship between a father and his child, when primary evidence of paternity in the form of a birth certificate is unavailable or insufficient, the Immigration and Naturalization Service should, in its request for additional evidence, advise a petitioner of the alternative of submitting the results of blood tests if affidavits and historical secondary evidence are not available.