Interim Decision #1779 

MATTER or MAIL11 

In Visa Petition Proceedings 

A-17276575 

A-17276577 

Decided by Board January 9, 1967 

The beneficiaries, issue of a polygamous (second) marriage of their father in 

Pakistan in 1928 according to Hindu rites, are entitled to fifth preference 

classification upon the filing of a visa petition by their United States citizen 

half-brOther, a child of the dame father by his original marriage in 1917 in 

India, sine* the polygamous marriage of the father was legal in India and 

Pakistan under Hindu law prevailing at that time and the children of such 

polygamous marriage were legitimate under the law then prevailing. 

ON BEHALF OF PETITIONER Jack C. Dozier, Esquire 

Atherton & Dozier 

520 Wells Fargo Bank Bldg. 

Stoekton,.California 05202 

(Brief Sled) 

The cases come forward pursuant to certification by the District 

Director of his orders dated October 28, 1966 denying the visa, petitions 

for the reason that the beneficiaries are the offspring of a second polygamous marriage, which while valid where performed in Pakistan, 

cannot be considered as valid for immigration purposes; and that the 

issue of such a marriage do not enjoy a brother-sister relationship with 

the issue of the original and recognized marriage and are not entitled 

to status as the brother and/or sister of a citizen of the United States. 

The petitioner, a native of Pakistan, a citizen of the United States 

by naturalization on December 12, 1960, seeks preference status under 

section 203 (a) (5) of the Immigration and liaticinality Act on behalf 

of the beneficiaries as his half brother and half sister, respectively. 

The beneficiaries are both married. The male beneficiary was born 

December 3, 1929 .in Pakistan and the female beneficiary was born 

October 17, 1936 in India. 

The information submitted in support of the visa petitions estab• 

lished that the petitioner is the legitimate son of Udham Singh Mahal 

and Aupar Pirtam Kaur Mahal who were married June 1917 in India 

according to the Hindu Rites. The beneficiaries, the half brother and 

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Interim Decision #1779 

half sister of the petitioner, are the offspring of a second marriage 

of the same father to Aupar Kaur Mahal in October 1928 also under 

the Hindu Rites. According to information from the Consulate General of India at San Francisco dated September 7, 1966, before the 

enactment of the Hindu Code Bill in 1955/1956, a man could legally 

marry more than one wife in India. It is established then that the 

petitioner and the beneficaries are the children of1 po_ygamous Mar* 

riage. It has been ascertained from the Indian Embassy at Washing. 

ton, D.C. that the children of these polygamous marriages, which, it. 

must be remembered were legal in both India and Pakistan until 

1955/1956, under the Hindu law are legitimate in every sense of the 

word. 

The case therefore falls squarely within the decision in Matter of 

K—W—S--, 9 I. & N. Dec. 396 (A.G., 1961). In that case the parties 

were a sister and her half brother who were the offspring of a wife and 

a concubine, respectively, in China. Under Chinese law the child of a 

concubine who is acknowledged by the father, was equally as legitimate as the child of his lawful wife. In affirming the Board's order 

that these children, who were legitimated under the law of China, 

should be regarded as brother and sister, the Attorney General pointed 

out that neither the decision nor the 1952 Act implies any approval 

of the institution of concubinage or polygamy, which constitutes a 

class excluded from entry into the United States under section 212 

(a) (11) of the Immigration and Nationality Act. However, in the 

1952 Act, Congress deemed it more in accordance with humanitarian 

principles to try to keep together those offspring of a common parent 

who have lived together as a family unit in accordance With the established laws and institutions of their place of residence, regardless of 

whether or not those laws are in conformity with the long social and 

family institutions: 

In the instant case the polygamous marriage of the father to two 

wives in India or Pakistan was legal under Hindu law prevailing at 

that time and the children of such polygamous marriages were under 

the law then prevailing considered legitimate. Matter of K—W—S—, 

(supra), is considered dispositive of the case to accord recognition of 

a brother and sister relationship such as will support a petition for 

preference status. 

ORDER: It is ordered that the visa petitions be approved for fifth 

preference quota status on behalf of the beneficiaries. 

'In the unreported case of Matter of Aref Masan Hamden, VPO 7-3592 (July 

27, 1955), the children of a polygamous marriage which was legal under the 

Moslem faith were recognized as legitimate and eligible for preference quota 

status as brothers of the petitioner. 

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