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

After 11/14/68

up to or before 11/14/71

After 11/14/71 and before 11/14/86

Reference

(1) Father physically present in U.S. or 301(a)(7) INA
possession 10 years prior to child's
birth, 5 of which after age 14.
Honorable U.S. military service, em-
ployment with U.S. Government or
intergovernmental international or-
ganization, or as dependent unmar-
ried son or daughter and member
of the household of a parent in
such service or employment, may
be included; and
(2)(A) Blood relationship established
between father and child, father a
U.S. citizen at time of child's birth,
father (unless deceased) agrees in
writing to support child until 18
years, and while child is under 18
years (i) child is legitimated, (ii)
father knowledges paternity, or (iii)
paternity established by court adju-
dication; or

(B) Paternity is established under age
21 by the legitimation law of fa-
ther's or child's residence/domicile.

Sec. 309(a) INA as
amended 11/14/
86, 102 Stat.
2619

Sec. 309(a) INA as
originally enacted

(1) Father physically present in U.S. or 301(a)(7) INA
possession 10 years prior to child's
birth, 5 of which after age 14.
Honorable U.S. military service, em-
ployment with U.S. Government or
intergovernmental international or-
ganization, or as dependent unmar-
ried son or daughter and member
of the household of a parent in
such service or employment, may
be included; and

(2) Blood relationship established be-
tween father and child, father a
U.S. citizen at time of child's birth,
father (unless deceased) agrees in
writing to support child until 18
years, and while child is under 18
years (i) child is legitimated, (ii)
father acknowledges paternity, or
(iii) paternity established by court
adjudication.

Sec. 309(a) INA, as
amended 11/14/
86; 102 Stat.
2619

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

On or after 11/14/86

Reference

(1) Father physically present in U.S. or Sec. 301(g) INA
possession 5 years prior to child's
birth, 2 of which after age 14.
Honorable U.S. military service, em-
ployment with U.S. Government or
intergovernmental international or-
ganization, or as dependent unmar-
ried son or daughter and member
of the household of a parent in
such service or employment, may
be included; and
(2) Blood relationship established be-
tween father and child, father a
U.S. citizen at time of child's birth,
father (unless deceased) agrees in
writing to support child until 18
years, and while child is under 18
years (i) child is legitimated, (ii)
father acknowledges paternity, or
(iii) paternity established by court
adjudication.

Sec. 309(a) INA, as
amended 11/14/
86; 102 Stat.
2619

* 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.

Section 301(h) of INA took effect Oct. 25, 1994.

Section 324(d) of INA took effect March 1, 1995.

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, 1995; 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.)

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

from prosecution.

Espionage, sabotage, or prohib-
ited export of sensitive tech-
nology (present)

212(a)(2)(E)

212(a)(3)

Security Grounds

212(a)(3)(A)

212(a)(3)(B) 212(a)(3)(C)

212(a)(3)(D)

212(a)(3)(E)

Terrorist activity (past or present)
Entry would have potentially seri-
ous adverse foreign policy con-
sequences (present)
Membership in or affiliation with
Community or other totalitarian
party. Ineligibility only for IV
(present or recent past)
Nazi persecution or genocide
(past)

least 15 years prior to application.

NIV: New language excludes waiver for (3)(A), (C), and (E).

IV: No waiver.

IV: No waiver.

IV: No waiver, but applies only in present tense.

IV: 212(a)(3)(D)(iv).
Waiver with relationship.

IV: No waiver.