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CHILD BORN OUT OF WEDLOCK TO U.S. CITIZEN FATHER AND ALIEN MOTHER

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CHILD BORN OUT OF WEDLOCK TO U.S. CITIZEN FATHER AND ALIEN MOTHER-Continued

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CHILD BORN OUT OF WEDLOCK TO U.S. CITIZEN FATHER AND ALIEN MOTHER-Continued

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12/24/52 through 11/14/68

After 11/14/68 through 11/14/71

(1) Father physically present in U.S. or possession 10 years prior to child's birth, five of which after age 14. Honorable U.S. military service, employment with U.S. Government or intergovernmental international organization, or as dependent unmarried son or daughter and member of the household of a parent in such service or employment, may be included; and

(2) Paternity established under age 21 by legitimation.

(1) Father physically present in U.S. or possession 10 years prior to child's birth, five of which after age 14. Honorable U.S. military service, employment with U.S. Government or intergovernmental international organization, or as dependent unmarried son or daughter and member of the household of a parent in such service or employment, may be included; and

(2) (A) Paternity established under age 21 by legitimation,

(B) paternity established under age 18 by father's written acknowledgment and agreement to support, or (C) paternity established under age 18 by court adjudication and father's written agreement to support.

NOTE. See footnotes on page 615.

301 (a) (7), 309 (a) INA; 7 FAM 1133.2-1, 1133.31c, 1133.3-4, 1133.4

301 (a) (7), 309 (a) INA; 7 FAM 1133.2-1, 1133.31c, 1133.3-4, 1133.4; P.L. 99653, P.L. 100-525

physical
presence

between ages

14 and 28; * or
(2) 5 years

continuous
physical
presence

between ages

14 and 28 if

begun before
10/27/72**
(3) None if child
born on or after
10/10/52

None

None

(2) Sec. 301(b),

(d) INA; 7 FAM 1133.5-1a, 1133.5-2,

1133.5-8

(3) P.L. 95-432; 7 FAM 1133.514

CHILD BORN OUT OF WEDLOCK TO U.S. CITIZEN FATHER AND ALIEN MOTHER-Continued

Date of Birth

After 11/14/71 and prior to 11/14/86

On or after 11/14/86

Transmission and Legal Relationship
Requirements

(1) Father physically present in U.S. or
possession 10 years prior to child's
birth, five of which after age 14.
Honorable U.S. military service, em-
ployment with U.S. Government or
intergovernmental international orga-
nization, or as dependent unmarried
son or daughter and member of the
household of a parent in such serv-
ice or employment, may be included;
and
(2) Father's written agreement to sup-
port and paternity established under
age 18 either (A) by father's writ-
ten acknowledgment, (B) by court
adjudication, or (C) by legitimation.

(1) Father physically present in U.S. or
possession 5 years prior to child's
birth, two of which after age 14.
Honorable U.S. military service, em-
ployment with U.S. Government or
intergovernmental international orga-
nization, or as dependent unmarried
son or daughter and member of the
household of a parent in such serv-
ice or employment, may be included;
and
(2) Father's written agreement to sup-
port and paternity established under
age 18 either (A) by father's writ-
ten acknowledgment, (B) by court
adjudication, or (C) by legitimation.

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* Absences of less than 60 days in aggregate during 2 year period does not break continuity.

** Absences of less than one year in aggregate during 5 year period do not break continuity.

*** U.S. Government, American educational, scientific, philanthropic, religious, commercial, or financial organization or an International Agency in which the U.S. takes part.

Note: Residence or physical presence of parent must take place before child's birth.

E. TABLE OF APPLICABILITY OF GROUNDS OF VISA INELIGIBILITY AND WAIVERS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

(Source: Visa Office, Department of State; as of January 1, 1992; NOTE.-This table is intended for use only as a useful generalized reference guide, and not to make determinations or to be cited in any case.)

(NOTE: All references are to sections in the Immigration and Nationality Act. "NIV" refers to nonimmigrant visas, and "IV" refers to immigrant visas.)

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212(a) (2) (A) (i) (1) Crime involving moral turpitude IV: 212 (h) with relationship, or offense occurred

(past)

at least 15 years prior to application. No waiver for murder or criminal acts involving torture.

212(c) (certain returning residents).

212 (a) (2) (A) (i) (II) Violation of any law relating to a IV: 212(h) with relationship, or offense occurred

212 (a) (2) (B)

212(a) (2) (C)

212 (a) (2) (D)

212 (a) (2) (E)
212(a) (3)
212(a) (3) (A)

212 (a) (3) (B)

212 (a) (3) (C)

212(a) (3) (D)

212(a) (3) (E)

controlled substance (past)

Multiple convictions (past)

Controlled

at least 15 years prior to application.

IV: 212(h) with relationship, or offense occurred at least 15 years prior to application.

No waiver for murder or criminal acts involving torture.

substance traffickers IV: No waiver.

(past or present)
Prostitution and commercialized vice
within past 10 years (past or
present)

IV: 212(h) with relationship, or offense occurred at least 15 years prior to application.

Aliens who are asserted immunity IV: 212(h) with relationship, or offense occurred

from prosecution.

Security Grounds

Espionage, sabotage, or prohibited
export of sensitive technology
(present)

Terrorist activity (past or present)

at least 15 years prior to application.

NIV: New language excludes waiver for (3)(A),

(C), and (E).

IV: No waiver.

IV: No waiver.

Entry would have potentially serious IV: No waiver, but applies only in present tense.

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