Fiallo Ex Rel. Rodriguez v. Bell

This case brings before us a constitutional challenge to §§ 101 (b) (1) (D) and 101 (b) (2) of the Immigration and Nationality Act of 1952 (Act), 66 Stat. 182, as amended, 8 U. S. C. §§ 1101 (b) (1) (D) and 1101 (b) (2).

I

The Act grants special preference immigration status to aliens who qualify as the “children” or “parents” of United States citizens or lawful permanent residents. Under § 101 (b) (1), a “child” is defined as an unmarried person under 21 years of age who is a legitimate or legitimated child, a stepchild, an adopted child, or an illegitimate child seeking preference by virtue…