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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 5 – Paternity

This module outlines how establishment of paternity is essential to protect a child’s right to obtain immigration benefits based on a father’s status in the future.

Legitimacy and Paternity

  • Legitimacy of a father, for immigration purposes, requires:
    • An action to legitimate child under the law of the child’s or father’s residence or domicile, AND
    • The child must be under 18 at the time of legitimation, AND
    • There must be legal custody with the father at the time of legitimation, AND
    • The child must be a natural child of the father.
  • A child can also benefit from the citizenship or other immigration status of a parent through adoption and/or natural birth.

Paternity Under NY Law

In New York State a paternity case is brought in Family Court for an Order of Filiation. An Order of Filiation is a court order that names a man as the father of a child. In New York, information for the public about paternity can be found here:

  • NY Courts.gov – Paternity Cases
  • New York City Family Court – Paternity Cases

Many Immigration Benefits Hinge on Paternity Findings and Familial Ties

Family Sponsorship

  • U.S. Citizen/ LPR individuals can sponsor their spouses and children to become lawful permanent residents. U.S. citizens can sponsor their parents and siblings to have lawful status.

Derivative Beneficiaries

  • Children and other relatives of undocumented immigrants may be able to derive immigration relief from the petitions filed by their undocumented immigrant relative.

Citizenship

  • Some individuals born outside of the U.S. can acquire or derive U.S. citizenship if they can prove that one of their parents was a U.S. Citizen. There are very specific rules about who can acquire citizenship depending on when the individual was born and whether their parents were married at the time of birth.
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FCA Article 5 - Paternity

  • FCA Article 5 Slide Presentation

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