A Child Is a Child - Or Is It? Legitimation under Foreign Law and Its Immigration Consequences

This Article analyzes the criteria established by the courts and the Immigration and Naturalization Service for determination of preference classification as a legitimated child where the legitimation occurs outside the United States. The author provides a comprehensive index of Board of Immigration Appeals decisions relating to legitimation under the laws of other counties, and concludes that a statutory amendment and the promulgation of additional regulations would resolve present inconsistencies and better effectuate the original purpose of existing immigration legislation.