Issues of Legitimacy for Children of Polygamous Marriage in US Immigration Practices

Abstract

The government of the United States does not recognize the children of polygamous marriages abroad as legitimate, causing myriad issues for a significant number of immigrants seeking citizenship through derivation. The proposal put forth in this article suggests that the US government automatically recognize these children as legitimate and stop requiring them to provide further proof of their legitimacy. A review of case law in which questions of legitimacy have been answered by relying on a petitioner’s country of origin will show that the US government already accepts other foreign practices concerning marriage and children. Additionally, further issues surrounding polygamy, legitimation, and US immigration practices will be addressed.