RAMIREZ

13 I. & N. Dec. 666

• Court: Board of Immigration Appeals
• Decided: July 1, 1971
• Docket: 2073
• Status: Published

Opinion

Interim Decision #2073

MATTER OF RAMIREZ

In Visa Petition Proceedings

A-19660733

Decided by Board March, 11, 1971

Legitimation of beneficiary, who was born out of wedlock, was not accom- plished by act of acknowledgment of paternity by the U.S. citizen peti- tioner in Louisiana in 1970 when he had legitimate children, since, under the law of Louisiana, a parent cannot legitimate his natural child by no- tarial act of acknowledgment when there exist on the part of such parent legitimate ascendants or descendants.

The petitioner appeals the decision of the District Director de- nying this visa petition filed to accord the beneficiary immediate relative status as the child of a United States citizen. The Dis- trict Director determined that the petitioner failed to establish that he married the beneficiary's mother or otherwise legitimated he beneficiary in accordance with the provisions of section 01 (b) (1) (C) . We affirm that decision. The petitioner is a native of Honduras who became a natural- citizen on March 4, 1964. The beneficiary, a native and citi- en of Honduras, was born on February 5, 1954 in Tela, Atlan- da, Honduras, and resides in Honduras. The petitioner never iarried the beneficiary's mother. The beneficiary's birth certifi- ate presented in support of this petition does not mention the fa- ier's name but lists the mother as unmarried and the beneficiary her illegitimate son. No evidence was presented of acknowl- Igement by the father at the time of birth registration. The petitioner's residence is in New Orleans, Louisiana. In ipport of the petition, the petitioner submitted an Act of Ac- lowledgement executed on October 4, 1970 at New Orleans, Lou- iana, wherein he acknowledges that he is the father of the bene- jary, that he did not marry the beneficiary's mother, and that e beneficiary was born out of wedlock. The petitioner is pres- itly married. He has eight legitimate children of this present arriage and two others by a prior marriage.

666 Interim Decision #2073 Section 101(b) (1) (C) defines the term "child" to mean a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in- side or outside of the United States. Under the Civil Code of Hon- duras, although there are other legal requirements, legitimation can only be accomplished through the marriage of the child's nat- ural parents.' It is, therefore, clear that the beneficiary is not the legitimated child under the law of the place of his residence be- cause there was no marriage of the natural mother with the natu- ral father. The Louisiana Revised Civil Code provides for the legitimation of a child born out of wedlock by the subsequent marriage of the natural parents provided the child was formally or informally ac- knowledged as their child by them before or after the marriage. 2 Morev,antulfhmoerastpwlgime by a notarial act of acknowledgment, but only the offspring of parents who, at the time of conception, could have contracted marriage can be legitimated in that manner. However, a parent cannot legitimate his natural child by notarial act of acknowl- edgment, when there exist on the part of such parent legitimate ascendants or descendants. 3 The fact that this petitioner has at least eight legitimate descendants precluded him from accom- plishing the beneficiary legitimation through a notarial act of ac- knowledgment under the laws of Louisiana. ORDER: It is ordered that the appeal be and the same is hereby dismissed.

The Code of Honduras, Title XIV, Articles 205-208,276 and 277. 2 Louisiana Revised Civil Code, Article 198. 3 Id. Article 200.