Interim Decision #1786 

MATTER OF CITLITO 

In Visa, Petition Proceedings 

A-17754878 

Deoided by Board September 1, 1967 

A visa petition filed by a United States citizen to accord her stepmother, the 

beneficiary, immediate relative status is approved where the petitioner, although married, had not reached the age of 18 years at the time of her father's 

marriage to beneficiary in 1649 creating the stepchild relationship. 

On DEXIALII or Itzrrzoton ; Angelo 0. Provenzano, Esquire 

80 West Washington Street 

Chicago, Illinois 60802 

The case is before us upon our own motion to reconsider the prior 

decision which was rendered July 17,1967. 1 

The case involves a visa petition filed by a native of Italy, a naturalized citizen of the United States, 33 years old, female, to . classify the 

status of the beneficiary as her stepmother. The beneficiary is a native 

and citizen of Italy, 51 years old. The documents submitted established 

that the beneficiary became the stepmother of the petitioner by marriage to the widowed father of the petitioner on January 1, 1950. Prior 

to that marriage creating the steprelationship, the petitioner had been 

married on September 11, 1949. In view of the fact that section 101 

(b) (2) defines the term "parent" to mean a parent only where the 

relationship exists by reason of one of the circumstances set forth in 

section 101(b) (1) , and that the latter section in pertinent part defines 

'the term "child" to mean an unmarried person under 21 years of age, 

in our order of July 17, 1967 we dismissed the appeal from the order 

of the District Director, Chicago District, dated April 13, 1967 denying the visa petition because the petitioner was not unmarried. Upon 

reconsideration, we believe our decision was erroneous. 

Our guiding precedent is Matter of G—, 8 L & N. Dec. 355. In that 

case the question was Whether the alien could qualify for relief under 

the last clause of section 7 of the Act of September 11, 1957 ( P.L. 85– 

1 8 OFIt 8.2. 

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Interim Decision #1786 

316) as a parent of a United States citizen who was over 21 years of 

age. The definitions contained in section 101(b) (1) and (2) of the 

Immigration and Nationality Act were deemed applicable. Under section 101(b) (2) the term "parent" means a parent only where the relationship exists by reason of any of the circumstances set forth in 

subparagraph (1) of section 101(b). We agreed with the Department 

of State that the words "circumstances" as used in section 101(b) (2) 

does not relate to the words "unmarried" or "under 21 years of age" 

as used in section 101(b) (1) of the Act but that the crucial word in 

the definition of "parent" was relation skip as defined in sections 101(b) 

(1) (A) to (E). It was apparent from the legislative history that Congress had in mind the family unit as such, that is, close relatives of 

United States citizens and permanent resident aliens, which it decided 

to keep together in order to alleviate the hardship of enforced separations. We concluded that the parent, once the required relationship 

has been established, always remains a parent. 

In the instant case the "circumstances" have been met, that is, the 

steprelationship was created before the child had reached the age of 

18 years at the time the marriage creating the relationship occurred. 

Inasmuch as the "circumstances" as set forth in seotion. 101(b) (1) (B) 

of the definition have been met, that is, the marriage creating the 

status of stepchild occurred when the stepchild was under 18, the circumstances and the relationship existed under the immigration law. 

The fact that the child was over 21 or is unmarried is not pertinent to 

the "circumstances." The relationship of stepparent having been 

validly created pursuant to law because the marriage creating the 

steprelationship occurred when the citizen child was under 18 years 

of age, the stepparent remains a stepparent. 

Our decision in Matter of b—, 8 I. & N. Dec. 355, was reaffirmed 

in Matter of C—, 8 I. & N. Dec. 592, where -we repeated that the parent 

or the stepparent always remains a parent or stepparent, once the 

original conditions of the definition have been met. Accordingly, the 

visa petition will be approved for immediate relative status on behalf 

of the beneficiary. 

ORDER: It is ordered that the visa petition be approved for immediate relative status on behalf of the beneficiary. 

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