VP 3-18004
Decided by the Board August 25, 1953
Visa Petition — Eligibility of adopted son or daughter for preference quota status under section 203 (a) (4) of the Immigration and Nationality Act of 1952 — Foreign adoption recognized.
(1) An adopted son or daughter of a United States citizen (in this instance a son who was 24 years of age when the adoption took place) is eligible for preference quota status pursuant to section 203 (a) (4) of the Immigration and Nationality Act. By the use of the words "sons" or "daughters" of United States citizens in that section, Congress intended to eliminate the limitations placed on the term "child." Therefore, a visa petition filed in the son's behalf by the adoptive father is approved.
(2) A valid foreign adoption not in contravention of or repugnant to any principles of public policy is recognized under the rules of international comity.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from the order dated May 28, 1953, of the district director, New York, denying the petition for the issuance of a preference immigrant quota visa under section 203 (a) (4) on the ground that such a preference is not available to the adopted son of a United States citizen.
The petitioner is a naturalized citizen of the United States, 54 years of age, formerly a citizen of Italy. Documents have been submitted showing that the petitioner adopted the beneficiary in accordance with the provisions of article 311 of the Civil Code at Trento, Italy, on September 5, 1952. The beneficiary is a native and citizen of Italy, single, born April 9, 1928, and was 24 years old at the time of his adoption by the petitioner. However, the validity of the Italian adoption proceeding is not being contested but the basis of the denial of the petition is that the relevant provision of law does not pertain to an adopted son.
The petitioner is requesting approval for a fourth preference immigrant visa within the quota as provided in section 203 (a) (4) of the Immigration and Nationality Act the relevant portion of which provides:
Qualified quota immigrants of each quota area who are the brothers, sisters, sons, or daughters of citizens of the United States shall be entitled to a preference of not exceeding 25 percent of the immigrant visas available for issuance for each quota area under this paragraph.
In reading the above portion of section 203 (a) (4) it is of the greatest importance to note that the eligible relative is described as the "sons or daughters" of citizens of the United States. This is in sharp distinction from section 203 (a) (3) which refers to children of aliens lawfully admitted for permanent residence, and to section 101 (a) (27) (A) which defines a nonquota immigrant as the "child" of a citizen of the United States. The term "child" is defined in section 101 (b) (1) of the Immigration and Nationality Act as an unmarried person under 21 years of age who is a legitimate child, a stepchild, or a legitimated child. It is obvious that the term "son" and "daughter" is not limited or circumscribed by the definition of a "child," and it is clear that the terms used in section 203 (a) (4) are indicative of a relationship different than that existing between a child and a parent.
The difference may be more fully realized by a reference to the legislative history in which the congressional reports indicate a desire for a better method of keeping the families of immigrants together by affording a more liberal treatment of children. With a view to implementing this more liberalized public policy regarding the offspring of immigrants as well as other immediate members of a family unit, preferential status was accorded sons and daughters as well as brothers and sisters of citizens of the United States. It is apparent that the words "son" or "daughter" carry a different connotation than the defined term "child." A son or a daughter is not restricted by any age limit and of course includes children under 21 years of age and over 21 years of age.
S. Rept. 1515 (81st Cong., 2d sess.), pp. 462-468; H. Rept. 1365 (82d Cong., 2d sess.), p. 29.
In addition, other limitations applicable to the term "child" would not appear to apply to sons or daughters. Adoption is usually regarded as creating the same relationship between the adoptive parent and the adopted child as between a natural parent and his child. As the relationship of adoptive parent and adopted child is like that of parent and child, the rights and corelative duties incident to natural parenthood are in general incident to adoptive parenthood.
Idem, p. 477.
Adoption statutes should be given a liberal interpretation. The adoption was valid apparently where created and since clearly not in contravention of or repugnant to any principles of public policy there is no reason why the adoption should not be recognized under rules of international comity. The plain congressional purpose in providing preferential status for the admission of immigrants closely related to United States citizens was to facilitate and foster the maintenance of the family unit.
Matter of W---- M---- G----, A-692 1223, 3 IN Dec. 608 (1949).
Matter of A----, VP 4-57211 (B.I.A., June 23, 1952).
We therefore conclude that by the use of the words "sons" or "daughters" of United States citizens in section 203 (a) (4), Congress intended to eliminate the limitations placed on the term "child" and in view of the expressed policy of Congress to keep together the family unit, intended the widest possible interpretation be placed upon such terms. We therefore conclude that an adopted son or daughter is included within this provision and that the visa petition should be approved.
Order: It is ordered that the appeal be sustained and that the petition for the issuance of an immigrant visa under section 203 (a) (4) of the Immigration and Nationality Act be and the same is hereby approved.