Equal Treatment for Children Born out of Wedlock

The Board of Immigration Appeals has provided equal treatment for children born out of wedlock. In a recent case, the Board stated that a person born out of wedlock may qualify as a legitimated “child” for purposes of citizenship if she was born in or had a residence in a country or State that eliminated all legal distinctions between children based on the marital status of their parents.

Source: Matter of Cross, 26 I&N Dec. 485 (BIA 2015).

USCIS will begin accepting Expanded DACA applications on Feb. 18

U.S. Citizenship and Immigration Services (USCIS) will expand Deferred Action for Childhood Arrivals on Feb. 18, 2015. That will be the first day to request DACA under the revised guidelines established as part of President Obama’s recent anouncements on immigration.

USCIS advises the public to be extra careful to avoid immigration scams. To learn how to identify and report scams, and how to find authorized legal assistance at little or no cost, go to uscis.gov/avoidscams or uscis.gov/es/eviteestafas.

Sources: USCIS  

DNA Test Results Are Not Acceptable as Evidence of a Sibling Relationship

In a policy memorandum dated October 17, 2014, United States Citizen and Immigration Services stated that they will not accept DNA test results to prove a sibling relationship.  This decision was based on the fact that the test is not reliable.  The Service stated that “the DNA testing industry has not established probability standards for sibling-to-sibling DNA test results.”  The Service, however, will still continue to accept DNA test results to establish the parent-child relationship.

Source: USCIS Policy Memorandum

Asylum: Child Abuse Claim

An adult native of Hong Kong overstayed her visa and was placed in removal proceedings. She applied for asylum based physical and emotional abuse.  This occurred when she was a child because she was a girl and not a boy by her mother.  The court denied her application because as an adult, she was now able to protect herself from her mother.

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Minor Child and K-2 Visa

Under the K-1 visa, a foreign national can come to the U.S. to marry a U.S. citizen. She can, also, bring her minor child under a K-2 visa. The minor child, however, must not have reached the age of 21 before entering the U.S. The Court of Appeals in the Fourth Circuit has stated that the important date is the date that the child entered the U.S. and not the date of the child at the time of the application.

Regis v. Holder, Docket No. 13-1988 (4th Cir. Oct. 16, 2014)