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Court Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization

The Second Circuit upheld the BIA’s decision affirming the IJ’s finding that the LPR petitioner, who was born in the Dominican Republic to unwed parents, was ineligible for derivative citizenship through his father’s naturalization, because he was not a legitimated “child” as the term is defined in INA §101(c)(1) and used in former INA §321(a).

CA9 Holds Petitioner was Legitimated Under Salvadoran Law

The court found that the Petitioner, born out-of-wedlock, failed to establish a claim of derivative citizenship through his mother, because the subsequent marriage of his parents established his paternity by legitimation.

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