RAMIREZ

Interim Decision #2073

MATTER OF RAMIREZ In Visa Petition Proceedings A-19660733 Decided by Board March, 11, 1971 Legitimation of beneficiary, who was born out of wedlock, was not accom- plished by act of acknowledgment of paternity by the U.S. citizen peti- tioner in Louisiana in 1970 when he had legitimate children, since, under the law of Louisiana, a parent cannot legitimate his natural child by no- tarial act of acknowledgment when there exist on the part of such parent legitimate ascendants or descendants.

The petitioner appeals the decision of the District Director de- nying this visa petition filed to accord the beneficiary immediate relative status as the child of a United States citizen. The Dis- trict Director determined that the petitioner failed to establish that he married the beneficiary's mother or otherwise legitimated he beneficiary in accordance with the provisions of section (b) (1) (C) . We affirm that decision.

The petitioner is a native of Honduras who became a natural- citizen on March 4, 1964. The beneficiary, a native and citi- en of Honduras, was born on February 5, 1954 in Tela, Atlan- da, Honduras, and resides in Honduras. The petitioner never iarried the beneficiary's mother. The beneficiary's birth certifi- ate presented in support of this petition does not mention the fa- ier's name but lists the mother as unmarried and the beneficiary her illegitimate son. No evidence was presented of acknowl- Igement by the father at the time of birth registration.

The petitioner's residence is in New Orleans, Louisiana. In ipport of the petition, the petitioner submitted an Act of Ac- lowledgement executed on October 4, 1970 at New Orleans, Lou- iana, wherein he acknowledges that he is the father of the bene- jary, that he did not marry the beneficiary's mother, and that e beneficiary was born out of wedlock. The petitioner is pres- itly married. He has eight legitimate children of this present arriage and two others by a prior marriage.

Interim Decision #2073 Section 101(b) (1) (C) defines the term "child" to mean a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in- side or outside of the United States. Under the Civil Code of Hon- duras, although there are other legal requirements, legitimation can only be accomplished through the marriage of the child's nat- ural parents.' It is, therefore, clear that the beneficiary is not the legitimated child under the law of the place of his residence be- cause there was no marriage of the natural mother with the natu- ral father.

The Louisiana Revised Civil Code provides for the legitimation of a child born out of wedlock by the subsequent marriage of the natural parents provided the child was formally or informally ac- knowledged as their child by them before or after the marriage. 2 Morev,antulfhmoerastpwlgime by a notarial act of acknowledgment, but only the offspring of parents who, at the time of conception, could have contracted marriage can be legitimated in that manner. However, a parent cannot legitimate his natural child by notarial act of acknowl- edgment, when there exist on the part of such parent legitimate ascendants or descendants. 3 The fact that this petitioner has at least eight legitimate descendants precluded him from accom- plishing the beneficiary legitimation through a notarial act of ac- knowledgment under the laws of Louisiana.

ORDER: It is ordered that the appeal be and the same is hereby dismissed.

The Code of Honduras, Title XIV, Articles 205-208,276 and 277.

2 Louisiana Revised Civil Code, Article 198.

3 Id. Article 200.