Matter of Annang

The petitioner, a lawful permanent resident alien, applied for preference classification for the beneficiary as his unmarried son under section 203(aX2) of the Immigration and Nationality Act. In a decision dated July 31, 1973, the District Director denied the petition on the ground that the beneficiary was illegitimate at birth and no evidence showing his legitimation was presented. The petitioner appeals from this decision. The appeal will be dismissed. The beneficiary is a citizen of Ghana who was born in that country in 1966 and is presently residing there. The petitioner contends that the beneficiary is his legitimate child from birth, the issue of a valid customary marriage in Ghana between the peti- tioner and the beneficiary's mother, which has since been dis- solved. However, in the visa petition submitted on behalf of the beneficiary, the section which gives information as to the peti- tioner's marital status indicates that he was married in 1969, and contains the response "none" in regard to the number of his prior marriages. We also note that the beneficiary's birth and baptismal certificates refer to his mother by her maiden name, Cecilia Mann. In visa petition proceedings, the burden of establishing eligibil- ity for the benefits sought under the immigration laws rests upon 502

申请人系合法永久居民外国人，依据《移民与国籍法》第203(aX2)条为受益人申请作为其未婚子女的优先类别。在1973年7月31日的决定中，地区主任以受益人出生时为非婚生子女且未提交证明其准正（legitimation）的证据为由拒绝了该申请。申请人对该决定提出上诉。上诉将被驳回。 受益人系加纳公民，1966年出生于该国，目前居住在那里。申请人主张受益人自出生起即为其婚生子女，系申请人与受益人之母在加纳缔结的有效习惯法婚姻所生，该婚姻此后已解除。然而，在代表受益人提交的签证申请中，提供申请人婚姻状况信息的部分表明他于1969年结婚，并且在其先前婚姻次数方面填写了“无”。我们还注意到，受益人的出生和洗礼证书以其母亲的婚前姓氏Cecilia Mann称呼其母。 在签证申请程序中，根据移民法确立所寻求福利资格的举证责任在于 502

the petitioner, Matter of Yee, 11 I. & N. Dec. 27 (B IA 1964). In such proceedings, the law of a foreign country is a queition of fact which must be proved by the petitioner if he relies on it to establish eligibility for an immigrhtion benefit. On this appeal, the petitioner's assertions benefit. On this appeal, the petitioner's assertions as to the validity of his claimed customary marriage in Ghana are unsupported by documentary or other competent evi- dence. Thus, he has failed to meet his burden of proof. According to a report prepared for us by the Library of Congress on October 19, 1973, customary marriages are recognized in Ghana. The report states that the essential elements of every customary marriage are: (a) consent by the two parties that they live together as man and wife; (b) consent by the family of the man that he should have the woman as his wife; (c) consent by the woman's family that she should have the man as her husband; and (d) consummation of the marraige by cohabitation. The con- sent referred to may be actual or constructive, and is usually indicated by the performance of certain rites or customs. The petitioner has offered no evidence to establish compliance with any of the foregoing requirements. Accordingly, we shall affirm the District Director's decision and dismiss the appeal. ORDER: The appeal is dismissed.

申请人，Yee案，11 I. & N. Dec. 27 (B IA 1964)。在此类程序中，外国法律是一个事实问题，如果申请人依赖该法律来确立获得移民福利的资格，则必须由申请人加以证明。在本上诉中，申请人关于其声称在加纳的习惯法婚姻有效性的主张没有文件或其他有说服力的证据支持。因此，他未能履行其举证责任。 根据国会图书馆于1973年10月19日为我们准备的报告，加纳承认习惯法婚姻。该报告指出，每一习惯法婚姻的基本要素为：(a) 双方当事人同意以夫妻身份共同生活；(b) 男方家庭同意他应娶该女子为妻；(c) 女方家庭同意她应嫁该男子为夫；以及 (d) 通过同居完成婚姻。所指的同意可以是实际的或推定的，通常通过履行某些仪式或习俗来表明。 申请人未提供任何证据以证明符合上述任何要求。因此，我们将维持地区主任的决定并驳回上诉。 命令：上诉被驳回。