Determination of a child's legitimacy is governed by the law applicable at the time and place of his birth. Matter of Kwan, 13 I. N. Dec. 302, 305 (B.I.A. 1969). To obtain a preference, a citizen of the United States or an alien lawfully admitted for permanent residence who claims that the alien seeking the preference is entitled to preference status by reason of the relationship described in section 203(a) files a petition for such classification with the Attorney General. The alien seeking the preference is the "beneficiary"; the citizen or permanent resident alien filing on his behalf is the "petitioner."
The pertinent law here is Article 15 of the Marriage Law of the People's Republic of China, which provides: Matter of Kwan, 13 I. N. Dec. 302, 305 (Board of Immigration Appeals, 1969). "Children born out of wedlock enjoy the same rights as children born in lawful wedlock.