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:
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.
