DELA ROSA

Interim Decision #2297 MATTER OF DELA ROSA In Visa Petition Proceedings A-19372117 Decided by Board June 18, 1971 (1) The legal custody requirement of section 101(b)(1XC) of the Immigration and Nationality Act, as amended, is mandatory. In order to qualify as a "child" under section 101(bXI)(C), the legitimated child must have been in the legal custody of the legitimating parent at the time of legitimation. (2) In the absence of affirmative evidence that he had legal custody of the beneficiary at the time of legitimation, petitioner has failed to meet the burden of establishing that…