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

Date of Birth

Transmission and Legal Relationship

Requirements

Reference

Before Noon EST 5/24/34

Legitimated under law of father's U.S. Sec. 1993, Revised

or foreign domicile. Father resided in Statutes (RS); 7 U.S. before child's birth.

FAM 1135.3-1 Legitimated under law of father's U.S. Sec. 1993, RS as or foreign domicile.

Retention
Requirements

Reference

None

Noon EST 5/24/34 and prior to 1/13/41

amended in 1934; 7 Father resided in U.S. before child's FAM 1135.7-1

birth.

(1) 5 years (1) Sec. 201(8) residence

& (h) NA; 7 between ages

FAM 1134.5-1
13-21 if begun
before 12/24/

52; or
(2) 2 years

(2) Former Sec. continuous 301(b), (c) physical

INA; 7 FAM presence

1133.5-3, between ages

1133.5-4 14 and 28; * or (3) 5 years

(3) Former Sec. continuous 301(b), (d) physical

INA; 7 FAM presence

1133.5-la, between ages

1133.5-2, 14 and 28 if 1133.5-8 begun before

10/27/72 (4) None if parent (4) Sec. 201(8) employed

NA; 7 FAM certain

1134.5-2

occupation ***

(5) Former Sec.

301(b) INA; 7 FAM 1133.5-6, 1133.5-10

(5) None if alien

parent
naturalized and
child began to
reside
permanently in
U.S. while under
age 18

NOTE. See footnotes on page 615.

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(1) Father in U.S. Military 12/7/41-201(i) NA; 7 FAM

12/31/46 and requirements of sec- 1134.1, 1134.4-2C, tion 201(g) not met; and

1134.3 (2) Father resided in U.S. or posses

sion 10 years prior to child's birth,

five of which after age 12. (3) Legitimation not necessary.

(1) Former Sec.

301(b), (c) INA; 7 FAM 1134.3, 1133.5

(2) Sec. 301(b),

(d) INA; 7 FAM 1133.5-la, 1133.5-2, 1133.5-8

(1) 2 years

continuous 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 (4) None if alien

parent naturalized and child began to reside permanently in U.S. while under

(3) P.L. 95-432;

7 FAM

1133.1,2 (4) Former Sec.

301(b) INA; 7 FAM 1133.5-6, 1133.5-10

age 18

NOTE.—See footnotes on page 615.

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(1) Father physically present in U.S. or 301(a) (7), 309(a)
possession 10 years prior

None

12/24/52 through 11/14/68

None

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

child's

INA; 7 FAM
birth, five of which after age 14. 1133.2-1, 1133.3-
Honorable U.S. military service, em- 1c, 1133.3-4,
ployment with U.S. Government or 1133.4
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) Paternity established under age 21

by legitimation.
(1) Father physically present in U.S. or 301(a)(7), 309(a)

possession 10 years prior to child's INA; 7 FAM
birth, five of which after age 14. 1133.2-1, 1133.3-
Honorable U.S. military service, em- 1c, 1133.3-4,
ployment with U.S. Government or 1133.4; P.L. 99-
intergovernmental international orga- 653, P.L. 100-525
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)(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.

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

Date of Birth

Transmission and Legal Relationship

Requirements

Reference

Retention
Requirements

Reference

None

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

(1) Father physically present in U.S. or 301(a)(7), 301 (8)

possession 10 years prior to child's INA; 7 FAM
birth, five of which after age 14. 1133.2-1, 1133.3-
Honorable U.S. military service, em- 1c, 1133.3-4; P.L.
ployment with U.S. Government or 99-653, P.L. 100-
intergovernmental international orga- 525
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 301(8), 309(a) INA;

possession 5 years prior to child's P.L. 99-653
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.

None

On or after 11/14/86

* 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.)

INA Provision Ground for Visa ineligibility* (Tense)

Waiver Availability 212(a) (1) Health Related Grounds

NIV: 212(d)(3)(A). 212(a) (1) (A) (1) Communicable disease of public I: 212(g) with relationship with conditions at health significance (present) discretion of the Attorney General in consulta

tion with Health and Human Services. 212(a)(1)(A) (ii) Physical or mental disorder and be- IV: 212(g) with conditions at discretion of the

havior which may post a threat, Attorney General in consultation with Health and
or which has posed a threat to Human Services.
property or safety, and is likely

to recur (present)
212(a)(1)(A) (iii) Drug abuser or addict (present) I: None
212(a) (2)
Criminal Grounds

NIV: 212(d) (3) (A) 212(a) (2) (A) (i) (1) Crime involving moral turpitude 1: 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) (1) Violation of any law relating to a 1: 212(h) with relationship, or offense occurred

controlled substance (past) at least 15 years prior to application. 212(a)(2)(B) Multiple convictions (past)

: 212(h) with relationship, or offense occurred

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

torture. 212(a) (2) (C) Controlled substance traffickers IV: No waiver.

(past or present) 212(a) (2) (D) Prostitution and commercialized vice IV: 212(h) with relationship, or offense occurred

within past 10 years (pastor at least 15 years prior to application.

present) 212(a) (2) (E) Aliens who are asserted immunity IV: 212(h) with relationship, or offense occurred from prosecution.

at least 15 years prior to application. 212(a) (3) Security Grounds

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

(C), and (E). 212(a) (3) (A) Espionage, sabotage, or prohibited IV: No waiver.

export of sensitive technology

(present) 212(a)(3)(B) Terrorist activity (past or present) I: No waiver. 212(a)(3)(C) Entry would have potentially serious I: No waiver, but applies only in present tense.

adverse foreign policy conse

quences (present)
212(a)(3)(D) Membership in or affiliation with IV: 212(a) (3) (D) (iv).

Community or other totalitarian Waiver with relationship.
party. Ineligibility only for IV

(present or recent past)
212(a) (3) (E) Nazi persecution or genocide (past) N: No waiver.

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