Posted by: Norka M. Schell, Esq
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589/ (973)621-9300
Website: www.lawschell.com
Matter of Oshane Shaneil CROSS, Respondent
Decided February 12, 2015
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
A person born out of wedlock may qualify as a legitimated “child” of his or her
biological parents under section 101(c)(1) of the Immigration and Nationality Act,
8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in
a country or State that has eliminated all legal distinctions between children based on the
marital status of their parents or had a residence or domicile in such a country or State
(including a State within the United States), if otherwise eligible. Matter of Hines,
24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006),
overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of
Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed.
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