Matter of B----

• Decision Date: 22 August 1960
• Docket Number: A-8115379.
• Citation: 9 I&N Dec. 46
• Parties: MATTER OF B----. In VISA PETITION Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

9 I&N Dec. 46

MATTER OF B----.

In VISA PETITION Proceedings.

A-8115379.

Board of Immigration Appeals.

Decided by Board August 22, 1960.

Adoption — Benefits under immigration laws based on natural relationship between parent and child not lost when child is adopted after age 14.

Adult naturalized United States citizen who was legally adopted in this country at age 15 held entitled to confer second preference quota status upon natural parents. Unless an adopted child acquires immigration rights and privileges as between himself and his adoptive parents pursuant to an adoption which has conformed to the standards contained in section 101(b)(1)(E) of the Immigration and Nationality Act, his relationship with his natural parents remains unchanged for immigration purposes.

BEFORE THE BOARD

DISCUSSION: The case comes forward pursuant to certification by the District Director, Phoenix District, of his order dated April 14, 1960, approving the visa petitions on behalf of the beneficiaries for preference status under section 203(a)(2) of the Immigration and Nationality Act.

The facts concerning the visa application are set forth fully in the decision of the district director. The petitioner is a native of Greece, born January 23, 1939, female, single, who was admitted to the United States for permanent residence on September 19, 1951, under the provisions of section 3(b)(4) of the Displaced Persons Act of June 25, 1948. She became a naturalized citizen of the United States under the general provisions of the naturalization law on February 17, 1958, and thereafter filed the instant petitions to accord second preference quota status for her natural parents. The father and mother are natives of Turkey, citizens and residents of Greece, 56 and 45 years old, respectively.

The district director's order reflects that the petitioner (and her brother) were admitted to the United States as displaced persons under section 3(b)(4) of the Displaced Persons Act of 1948 and were destined to their aunt and uncle, F---- and F---- B----, residing in Phoenix, Arizona. Apparently the petitioner's natural parents were not eligible as displaced persons. The petitioner and her brother were adopted by their aunt and uncle on October 25, 1954, pursuant to a decree of adoption made on that date by the Superior Court of Arizona in Maricopa County. It is to be noted that the petitioner was over 15 years of age when the adoption occurred. In connection with the appeal, the petitioner advises that the primary purpose of the adoption was to assure her and her brother a legal guardianship until such time as the natural parents could be admitted to the United States and there was no thought of using the adoption as a means of securing entry permits for the parents; that it was unfortunate that they were not made temporary wards instead of being adopted; and that the uncle is now almost completely incapacitated as a result of multiple sclerosis.

Title 8, section 108, Arizona Revised Statutes, provides that, effective as of the date of entry of the final order of adoption, the child shall no longer be the child or heir of the natural parents, or entitled to any of the rights and privileges, or subject to any of the obligations of a child of its natural parents. Informal advice from the Chief Deputy County Attorney, Maricopa County, where the adoption took place, is to the effect that the express purpose of this section was to wipe out any connection between the child and the natural parents.

Section 203(a)(2) of the Immigration and Nationality Act as amended by the Act of September 22, 1959 grants preference quota status to parents of adult citizens of the United States. Under section 101(b)(2) the term "parent" means a parent only where the relationship exists by reason of the circumstances set forth in section 101(b)(1) of the Immigration and Nationality Act, as amended. This section sets forth five categories, including section 101(b)(1)(E), which was added by the Act of September 11, 1957 and makes eligible for immigration benefits an adopted child who is defined as:

(E) a child adopted while under the age of fourteen years if the child has thereafter been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. (Emphasis supplied.)

Reference to the definition of adopted child discloses that for immigration...