Matter of S----

• Decision Date: 22 January 1962
• Docket Number: A-12096435-6.
• Citation: 9 I&N Dec. 567
• Parties: MATTER OF S----. In VISA PETITION Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

9 I&N Dec. 567

MATTER OF S----.

In VISA PETITION Proceedings.

A-12096435-6.

Board of Immigration Appeals.

Decided by Board January 22, 1962.

Preference quota status — Not available to natural parents of adopted child.

Parents of an adult United States citizen can qualify for preference quota status only when their relationship as parents exists by reason of the circumstances set forth in section 101(b)(1) of the Immigration and Nationality Act, as amended. Hence, the natural parents of a child adopted within the meaning of section 101(b)(1)(E) have lost their status as parents for immigration purposes and cannot qualify for preference quota status.

BEFORE THE BOARD

DISCUSSION: Petitioner, age 24 years, a native of the Soviet Union, naturalized citizen of the United States (Certificate No. 8215527 — August 1, 1960), in petition filed November 14, 1960, seeks preference quota immigrant visa status in behalf of each of his natural parents, I---- S---- and R---- S----, the beneficiaries, under section 203(a)(2), Immigration and Nationality Act, as amended. The beneficiaries are aliens residing in the Soviet Union. The father is a native of Rumania and the mother is a native of the Soviet Union. The petition has been denied on a finding that the natural parents are precluded from the benefits of the petition because the petitioner became the adopted child of adoptive parents while he was under the age of 14 years (section 101(b)(1)(E), Immigration and Nationality Act), and as a matter of law, the relationship or status (natural parents and adult citizen son) alleged in the petition cannot be established as required by the provisions of the Immigration and Nationality Act, as amended by the Act of September 11, 1957 (P.L. 85-316), the Act of September 22, 1959 (73 Stat. 644), and by section 25(a) of the Act of September 26, 1961 (75 Stat. 657).

The available evidence will be summarized briefly. The petitioner states that he was born June 10, 1937. He has omitted to state in his petition that he is the adopted son of adoptive parents. However, the record contains a report of investigation dated October 17, 1961, in which there are facts showing the petitioner was legally adopted by Dr. and Mrs. T---- K---- on November 11, 1950, in Tel Aviv, Israel, in accordance with the laws of that country. In fact, a Service investigator interviewed Mrs. T---- K----, the adoptive mother, on October 8, 1961, in New York City, at which time she acknowledged that she and her husband formally adopted the petitioner. She exhibited a certificate of adoption in the Hebrew language, which she translated for the benefit of the investigator. The petitioner was age 13 years at the time of adoption. He had been in the custody of the adoptive parents since 1941, and it appears that the family unit (adoptive parents and adopted child) existed up to 1955 or longer.

The petitioner does not dispute the foregoing facts disclosing that he was legally adopted while under the age of 14 years. He merely contends that his adoptive parents immigrated to the United States on January 17, 1955, and he was not admitted until May 3, 1955. He contends that the proviso to section 101(b)(1)(E) is inapplicable to deprive his natural parents of rights and benefits under...