MAYrnit Os A-- 

In VISA. PETITION Proceedings 

VP 9-1-37037 

Dec,ided 0' bloard lamuarp 12, 1050 

Nonquota status—Adopted child of alien parent may qualify as "stepchild" 

upon parent's marriage to United States citizen. 

Foreign adoption which meets requirements of section 101(b) (1) (E) of act 

results in adopted child's acquiring nonquota status as 'stepchild" under 

section 101 (b) (1) (B) of act upon 1958 marriage of adoptive mother (previously single) to United States citizen husband. 

BEFORE THE BOARD 

Discussion: This case comes forward pursuant to certification. 

The petitioner, a native-born citizen of the United States, seeks 

nonquota status on behalf of the beneficiary as his stepchild. The 

beneficiary was born in Japan on November 3, 1949, and was 

adopted by the petitioner's Japanese wife, while single, under the 

laws of Japan on April 20, 1953. Since the date of adoption the 

child has been in the legal custody of and has been residing with 

her adoptive mother. The adoptive mother married the citioen peti- -

tioner on March 22, 1958. 

Under section 101(a) (27) (A) of the Immigration and Nationality 

Act a child of a United States citizen is eligible for nonquota, 

immigrant status. The term "child" is defined in section 101(b) (1) 

(B) to include an unmarried person under 21 years of age who is a 

stepchild, provided the child had not reached the age of 18 years 

at the time the marriage creating the status of stepchild occurred. 

This section was expanded by the amendment of September 11, 

1957 (Public Law 85-316) to include a child adopted while under 

the age of 14 years 11 the child had thereafter been in the legal 

custody of, and had resided with, the adopting parent or parents 

for at least two years. The use of the term "adopting parent or 

parents" in the alternative indicates that a single person, as well as 

a married couple, might adopt a child under this section. The 

adoption complies with the other provisions of section 101(b) (1) 

(E) and also appears to constitute a legal adoption hi conformity 

with the laws of Japan. 

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Prior to the enactment of the amendatory legislation of September 11, 1957, there was no provision for an adopted child in the 

definition of "child" in section 101(b). The new legislation indiCa',O. a (Teel TO to liberalize the definition of a child to include not 

only an adopted child but also an illegitimate child in relationship 

to its natural mother, a status which was not available under the 

original legislation. The general effect of modern statutory adoption is said to create a status between the adoptive parent and the 

adopted child which is identical with that existing between a 

natural parent and his child. 2 Corpus Juris Seoundum, § 55. The 

amendment equated the ataltis of a properly adopted child to that of 

a "child" as defined in section 101(b). For immigration purposes, 

such an adopted child satisfies the definition of child in relation 

to its adopting parent. Upon the inarriaLta of such adoptive parent 

to a United States citizen while such child was under the age of 

18 years, the adopted child became a stepchild and eligible for nonquota status. 

Order: It is ordered that the decision of the district director 

approving the petition for a nonquota status on behalf of the beneficiary be and the same is hereby approved. 

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