Interim Decision .#1437 

MATTER OF IC= 

In Visa Petition Proceedings 

A-14243622 

Decided by Regional Commissioner December 21, 1964 

Two visa petitions having been previously approved for petitioner -in belief of 

eligible orphans, as defined in section 101(b) (1) (F), Immigration and 

Nationality Act, as amended, notwithstanding one of the orphans died subsequent to entry, section 205(e) of the Act precliides approval of a third 

vim petition by same petitioner for an eligible orphan, absent the factor of 

prevention of separation of brothers and sifters. 

Discussion: This case is before me on appeal from the District Director, San Francisco, who denied the petition on November 20, 1964 

as follows: 

■ 

Your petition has been denied.. You have previously filed visa petitions 

under section 205(b) of the Immigration and Nationality Act in behalf of two 

orphans who were subsequently admitted to the United States. Section 205 

(c) of the Immigration and Nationality Act states "not more than two such 

petitions may be approved for one petitioner unless necessary to prevent the 

separation of brothers and asters". 

The petitioner and his wife, both adult citizens. of the United 

States, reside in Chico, California where the petitioner is employed 

as, 'a watchmaker and his wife as'a school-teacher. They live in a 

modern home in Chico. Their combined income exceeds $10,000.00 

'yearly. They have three children of their own ranging in. age from 

12' to 16 years. Their ability to properly support and maintain the 

orphan for whom petitioned is not in question. 

The petitioner had previously petitioned for two orphans who 

were subsequently admitted to the United States on the basis of two 

separately approved petitions as eligible orphans_ One of these 

orphans is presently residing with the petitioner. This orphan is 

an 18-month-old Korean girl born May 28, 1963 who was admitted 

to the United States in. the comptiny of petitioner as his adopted 

daughter on November 80, 1963 at Anchorage, Alaska. 

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Interim De:cision #1437 

Suhsequently, a second visa petition was filed by the Petitioner and 

approved for a second Korean orphan girl born May 24, 1963. This 

child was admitted, on the basis of the approved petition on May 1, 

1864 at Seattle, Washington. A death certificate has been presented 

to show that this second adopted orphan died on June 5, 1964 of 

pneumatic bronchitis in Chico, California. 

• The petitioner filed a petition for a third child, the beneficiary of 

the petition now before me on *appeal, on October 30, 1964. 

Section 205(e) of the Immigration and Nationality Act, as 

amended, provides in part that: "Not more than two such petitions 

may be approved for one petitioner in behalf of a child defined in 

section 101(b) (1) (E) or (F) unless necessary to prevent the separation of brothers and sisters". Section.101(b) (1) (F) of the Imniigretion and Nationality' Act defines a child as: "A child who is an 

eligible orphan adopted abroad by a United States citizen and spouse 

or coming to the United States for adoption by a United States 

citizen and spouse". The beneficiary falls -within this definition, 

but is not a brother or sister of the. previously adopted orphans. 

The statute precludes the granting of the instant petition. 

In the decision in Matter of P—, 9 L & N. Dee. 750, decided by the 

Board June 21, 1962 it is stated: "We, therefore, construe the Context of section. 205(c) of the 'Immigration and Nationality Act to 

mean simply that a limitation of two is placed on the number of visa 

petitions that may be approved by the Attorney General for one 

petitioner in behalf of a child adopted, or an eligible. orphan child, 

as those terms are defined in section 101(b) (1) (E) and (F) of the 

Act. We find that Congress has, in current legislation, provided a 

visa petition procedure for eligible orphan children by reason of 

relationship; and that only orphan children who are the beieficiaries 

'of visa petitions come within the.provisions of section 205(c) to limit 

two orphan children to each petitioner. Any other interpretation 

or construction of the language in the statute, it seems to us, would 

be reading meaning into it that is not there". 

Two visa petitions for eligible orphans have previously been 

'approved for the petitioner in the instant case. The approval of a 

third visa petition for an eligible orphan by the same petitioner 

statutorily prohibited. The decision of the District Direitor was 

proper. The appeal must be dismissed. 

ORDER; It is ordered that the decision of the District Director 

be affirmed and the appeal is dismissed. 

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