CHILD BORN OUT OF WEDLOCK TO U.S. CITIZEN FATHER AND ALIEN MOTHER-Continued 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 between ages 14 and 28; * or continuous between ages 14 and 28 if begun before 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 (1) Father physically present in U.S. or (1) Father physically present in U.S. or * 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.) 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) (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) 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 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. |