Interim Decision #2450 

MATTER OF REEMAN 

In Visa Petition Proceedings 

A-20636112 

Decided by Board November 19, 1975 

Since the validity of adoption in the Province of Punjab, Pakistan, is governed by Muslim 

personal law, and under Muslim personal law in Punjab no legal system of adoption is 

recognized, the claimed adoption of beneficiary by petitioner's parents in Punjab according to Punjab customary law is not valid for immigration purposes. Accordingly, 

beneficiary is ineligible for preference classification under section 203(a)(5) of the Immigration and Nationality Act, as amended, as the adopted brother of the U. S. citizen 

petitioner. 

ON BEHALF OF PRITITIONFIR! Pro sg 

The United States citizen petitioner sought preference classification 

for the beneficiary as his adopted brother under section 203(a)(5) of the 

Immigration and Nationality Act. In a decision dated April 24, 1975, the 

District Director denied the petition. The petitioner has appealed from 

that decision. The appeal will be dismissed. 

In order to support a claimed "brother' or "sister" relationship under 

section 203(a)(5) of the Act, the petitioner has to establish that both he 

and the beneficiary once qualified as "children" of a common "parent" 

within the meaning of section 101(b)(1) and (2) of the Act. Matter of 

Garner, 15 I. & N. Dec. 215 (BIA 19'75); Matter of Heung, 15 I. & N. 

Dec. 145 (BIA. 1974). The term "child" as defined in section 101(b) of the 

Act includes an adopted child, within certain limitations. See section 

101(b)(1)(E) of the Immigration and Nationality Act. 

The petitioner claims that the beneficiary was adopted by his parents 

in the Province of Punjab in Pakistan in 1952 according to the Punjab 

customary law. He has presented affidavits from his mother, brother 

and the beneficiary's natural parents in support of this petition. 

Nevertheless, the district director denied the petition on the ground 

that the petitioner had failed to establish that the beneficiary was legally 

adopted by the petitioner's parents. In so holding, he relied on a report 

from the Library of Congress, dated March 1975, which addresses the 

issue of adoption in Pakistan. 

The validity of an adoption for immigration purposes is governed by 

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Interim Decision #2450 

the law of the place where the adoption occurred. Matter of Kwok, 14 I. 

& N. Dec. 127 (BIA 1972). The Library of Congress report states that, 

in 1951, the Punjab Muslim Personal Law (Shariat) Application 

(Amendment) Act, No. 11, abolished custom as the rule of decision for 

the Punjab Muslims and provided that Muslim personal law be applied 

to all matters, including adoption. 1That report goes on to state that the 

legal institution of adoption does not exist under the Muslim personal 

law. 

Although the petitioner on appeal contends that the beneficiary was 

legally adopted according to Punjab customary law; he has failed to 

present evidence to rebut the information on Punjab law supplied by the 

Library of Congress. Consequently, we find that the validity of the 

adoption is governed by Muslim personal law, and that under Muslim 

personal law in Punjab no legal system of adoption is recognized. 

The decision of the district director is correct. The appeal will be 

dismissed. 

ORDER: The appeal is dismissed. 

1 111 All Pak. Leg. Dec., Punjab Acts 76 (1951). 

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