The term “love child” is a euphemism for an illegitimate child or child
born out of wedlock. This is a misnomer because it implies that only a child
born out of wedlock is the product of love. Children born in wedlock are also
products of love. Originally “bastard” was the term used for an illegitimate
child. Older statutes and court decisions use that term.
Senator
Juan Ponce Enrile in his memoir edited by my fraternity brod Nelson Navarro
admits that people referred to him while growing up in Cagayan as “Oy
bastardo!” (Hey, bastard!). His father was Atty. Alfonso Ponce who later
changed his name to Alfonso Ponce Enrile. Manong Johnny acknowledges that his
father sired a number of children with different women. This lends credence to
the anecdote that lawyers are the champions in fathering “love children”. [Full
disclosure: I am a lawyer but I have no love child]. When I went to a Makati
bookstore to buy his book the salesgirl told me to go to the biography section.
Another giggled that if I cannot find it there to go to the fiction section.
The
Immigration and Nationality Act (INA) and immigration regulations do not use
the term “love child” but use “child born out of wedlock” or “illegitimate
child”. INA § 101(b)((1)(D). 8 CFR §
204.2(d)(2)(iii). The term “child” includes a child born in wedlock and out of
wedlock. INA §101(b)(1)(A) and §101(b)((1) (D). When a “child” is 21 years of
age and above, INA refers to the child as “son” or “daughter” as the case may
be.
A
U.S. citizen or lawful permanent resident may file a petition for visa
classification of a legitimate or illegitimate child (son or daughter if 21 or
over). INA §§ 201, 203 and 204.
The
difference in treatment is in the kind of evidence required to support the
petition. If a petition is submitted by the father of a legitimate child, the
primary evidence required are the birth certificate of the child, the marriage
certificate of the parents, and proof of the termination of the parents’ prior
marriages, if any.
However,
if a petition is submitted by the purported father of an illegitimate child,
the primary evidence required are documents that the petitioner is the natural
father and that a bona fide parent-child relationship was established when the
child was unmarried and under 21 years of age. Evidence to show that the
petitioner is the child’s natural father is the child’s birth certificate
showing the father’s name. Evidence to establish a bona fide parent-child
relationship include documents that demonstrate emotional and/or financial ties
or a genuine concern and interest for the child’s support, instruction, and
general welfare. There should be evidence that the father and child actually
lived together or that the father held the child out as being his own, and that
he provided for some or all of the child’s needs, or that in general the
father’s behavior evidenced a genuine concern for the child. The most
persuasive evidence is documentary evidence which was contemporaneous with the
events in question, such as money order receipts or canceled checks showing the
father’s financial support, the father’s income tax returns with the child’s
name as a dependent, the father’s medical or insurance records naming the child
as a beneficiary or dependent, school records of the child showing the
petitioner as the father, correspondence between father and child, and similar
evidence. 8 CFR § 204.2(d)(2)(iii).
Complying
with USCIS requirements is not easy. In case of doubt, USCIS will deny the
petition. If you really love your “love child,” it is best to consult with a
lawyer experienced in this kind of petition and who has a successful track
record. The lawyer can tell you what alternative evidence to submit if you do
not have all those that the regulations require or what additional evidence to
submit to be more convincing. How much does it cost to hire a lawyer? A fee of
not more than $3,000 is reasonable. If you really love your “love child” that
is a trifle.
(Atty. Tipon has a Master of
Laws degree from Yale Law School and a Bachelor of Laws degree from the
University of the Philippines. He specializes in immigration law and criminal
defense. Office: 905 Umi Street, Suite 201, Honolulu, HI 96819. Tel. (808)
225-2645. E-Mail: filamlaw@yahoo.com. Websites:
www.MilitaryandCriminalLaw.com, www.Hawaiimigrationattorney.com. He is from Laoag City and Magsingal,
Ilocos Sur. He served as an Immigration Officer. He is co-author of
“Immigration Law Service, 1st ed.,” an 8-volume practice guide for
immigration officers and lawyers. Listen to the most funny, interesting, and
useful radio program in Hawaii on KNDI at 1270 AM dial every Thursday morning
at 7:30. This article is a general overview of the subject matter discussed and
is not intended as legal advice. No attorney-client relationship is established
between the writer and readers relying upon and/or acting pursuant to the
contents of this article.)
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