Interim Dee sion #2373 

MATTER OF DUNCAN 

In Visa Petition Proceedings 

, A-20657783 

Decided by Board April 21, 1975 

On appeal, petitioner seeks the approval of a visa petition to accord his son preference 

classification -Bider section 203(a)(2) of the Immigration and Nationality Act. The appeal 

is sustained. and the petition is approved because beneficiary was shown to have been 

legitimated under the laws of Liberia as established by: (1) a certified copy of the court 

order, of legitimation (while the beneficiary was under age 18), (2) a certified copy of the 

registration cf the beneficiary's birth, and (3) a court order certifying petitioner as the 

natural father of the beneficary. 

ON BEHALF OF FETrilONMC: Donald Garfinkle, EbqUire 

3111 Cadillac Tower 

Detroit, Michigan 48226 

This is an appeal from an order of the district director denying a visa 

petition to accord the beneficiary status as an immediate relative pursuant to section 203(a)(2) of the Immigration and Nationality Act as the 

child of a lawful permanent resident of the United States. The visa 

petition was denied on the ground that an illegitimate child cannot 

qualify as a child under the Immigration and Nationality Act unless 

legitimated under the law of the father's or child's residence or domicile 

and the childis in the legal custody of the legitimating parent at the time 

of such legitimation. The appeal will be sustained. 

The petitioner, a native of the Republic of Liberia, is a permanent 

resident of the United States. He filed a petition to classify the status of 

his alien relative for issuance of an immigrant visa. The beneficiary is a 

native and citizen of the Republic of Liberia, born October 24, 1958, 

male. The petitioner has acknowledged that he has never married the 

beneficiary's natural mother. He contends, however, that he has legitimated the child under the Liberian Code of Laws. He has submitted (1) 

a certified copy of an order of the Probate Court, Montserrado County, 

Republic of Liberia, dated May 30, 1974, legitimating the petitioner's 

illegitimate child, Maxwell Duncan, (2) a certificate of registration of 

birth of Maxwell Duncan, National Health Service, Republic of Liberia, 

and (3) an order of the Judicial Branch, Territorial Court, Bomi Terit272 
Interim Decision #2373 

ory, Republic of Liberia, dated December 28, 1973, certifying that the 

petitioner anti Mary Debar are the natural parents of Maxwell Duncan, 

that Mary Debar has given her consent for Maxwell Duncan to join his 

father in the United States, and the court granted Maxwell Duncan 

permission to join his father in the United States. 

We have carefully reviewed the record and examined the court order 

legitimating the beneficiary. We are satisfied that the legitimation of the 

beneficiary conforms with the requirements of Title 18, Liberian Code of 

Laws of 1956, section 530. 1It is concluded that under Title 18, section 

530, Liberian Code of Laws (1956), the beneficiary in this case has been 

legitimated and qualifiei as a child within the meaning of section 101- 

(b)(1)(C) of the Immigration and Nationality Act. The appeal will be 

sustained. 

ORDER: The appeal is sustained, and the visa petition is approved. 

See Liberian Supreme Court's decision in Prout v. Cobper, 5 Liberian Law Reports 

412 (1937). 

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