VP 3-25633.
Decided by Board August 4, 1954.
Preference quota status — Section 203 (a) (4) of Immigration and Nationality Act — Adoption in Italy.
Affiliation in Italy is the equivalent of adoption. Where an "Affiliation Decree of a Minor" is issued by an Italian court, such minor may properly be regarded as the adopted son or daughter of the petitioner and eligible for preference status under section 203 (a) (4) of the Immigration and Nationality Act.
BEFORE THE BOARD
Discussion: The petitioner, a citizen of the United States, seeks nonquota or preference status under section 203 (a) (4) of the Immigration and Nationality Act on behalf of the beneficiary, who was described as his affiliate daughter.
In support of the petition there has been submitted a copy of a certificate entitled "Affiliation Decree of a Minor" issued by the Judge of the Court of Sorrento, Italy, on February 7, 1953, authorizing the petitioner and his wife to affiliate the minor, C---- V----, daughter of G---- and E---- B----, and authorizing her to assume the surname of the petitioner. In addition, there has been submitted a birth certificate showing the birth of the beneficiary on August 2, 1937, and indicating that the beneficiary was affiliated by Mr. and Mrs. A---- R----.
Inquiry directed to the Foreign Law Section of the Library of Congress indicates that except for minor differences relating to possibility of bearing children, inheritance and power to terminate the relationship, affiliation is the equivalent of adoption; that it involves the receiving into the family unit of a person not related by blood. The beneficiary, therefore, in the instant case may properly be regarded as the adopted daughter of the petitioner and as such eligible for preference status under section 203 (a) (4) of the Immigration and Nationality Act ( Matter of R----, VP-318004, 5 IN Dec. 438). It is apparent, however, that the beneficiary cannot be regarded as a child of the petitioner since the term "child" is defined to include only a legitimate child, a legitimated child, or stepchild. The petition will be approved for fourth preference status.
Order: It is ordered that the petition be approved for preference status under section 203 (a) (4) of the Immigration and Nationality Act.