MATTER Or G 

In DEPORTATION Proceedings 

A-7444373 

Decided by Board May 28, 1959 

Act of September 11, 1957, section 7—Eligibility, parent-child relationship. 

An alien parent of an adult United States citizen child is a "parent" within 

the definition of section 101(b) (1) and (:‘') of the Immigration and Nationality Act and, therefore, eligible to qualify for relief under section 7 of the 

Act of September 11, 1957. (Overrules Matter of C , A-7-144373, Int. 

Dec. No, 954.) 

CHARGE: 

Order : Act of 1952—Section 241 (a) (1) [8 U.S.C. 1251(a) (1), 1.952 add—

Excludable at entry as an alien who was not a nenquota immigrant 

as specified in his visa. 

BEFORE THE BOARD 

Discussion: The case comes forward pursuant to the provisions 

of S CUR 3.1(h) (1) (iii) requesting referral to the Attorney General for review. 

The record relates to a native and citizen of Hungary, born 

December 23, 1897, who first entered the United States for perma 

nent residence in 1913. He became a naturalized citizen on October 

23, 1922. The respondent made several trips to Czechoslovakia, the 

last absence being from May 1939 until his return to the United 

States on March 28, 1950. On October 7, 1946, the respondent refused an opportunity for repatriation at the American Consulate in 

Prao-ue; Czechoslovakia, and thereupon lost his American citizenship 

by expatriation through residence abroad. 

The respondent's first wife had died in 1924 and his second wife 

whom he married in 1926 became a naturalized citizen in 1928. The 

respondent's relationship with his second wife was not harmonious 

and after a number of separations the wife secured a divorce on 

January 24, 1945, in the State of New Jersey while the respondent 

was in Czechoslovakia, service being made by publication. Subsequent to the divorce, she paid a short visit in 1947 to the respondent 

ill Czechoslovakia. The e ■ idence indicates respondent's awareness 

of the fact that his - Wife had divorced him. Despite the divorce, 

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the second wife, a United States citizen, filed a visa petition in the 

respondent's behalf as a result of which he obtained a nonquota visa 

under section 4(a) of the Immigration Act of 1924 from the American Consulate at Prague, Czechoslovakia, on December 12, 1949, and 

was duly admitted on March 28, 1950. In connection with a petition 

for naturalization in 1955, the respondent testified that he had been 

separated from his wife for the past, 15 years but did not disclose 

the fact of divorce, claiming he did not believe that she had divorced 

him. 

In deportation proceedings the special inquiry officer denied all 

discretionary relief and ordered deportation on the charge contained 

in the order to show cause. On appeal, the Board on May 13, 1958, 

sustained the finding of deportability, but in view of his 30 years' 

residence in the United States and the fact that he had a citizen son 

in this country ordered the proceedings reopened to permit the respondent, to establish eligibility for relief under the last clause of 

section 7 of the Act of September 11, 1957 (Public Law 85-316), 

and granted advance permission to reapply for admission after 

deportation. A reopened hearing was given the respondent, and the 

special inquiry officer in a decision dated June 16, 1958, found the 

respondent ineligible for relief under section 7 of Public Law 85-316 

on the theory that the respondent was not a "parent" as defined in 

section 101(b) (1) and (2). This conclusion was based on the fact 

that respondent's son was over 21 years of age, whereas the definitions of "child" and "parent" in section 101(b) (1) and (2) of the 

Immigration and Nationality Act refer to the child as being an 

unmarried person under 21 years of age. By order dated September 25, 1958, the Board affirmed the finding of the special inquiry 

officer without discussion. The Board merely adopted the language 

of •the special inquiry officer who quoted section 14 of Public Law 

85-316 which provides that except as otherwise specifically provided 

in this Act, the definitions contained in subsection (a) and (b) of 

section 101 of the Immigration and Nationality Act shall apply to 

section 7 of this Act, and then adopted the conclusion of the special 

inquiry officer that since there was nothing "otherwise specifically 

provided," the definitions of section 101(b) (1) and (2) of the 

Immigration and Nationality Act controlled the meaning of the 

word "parent" as used in section 7 and that the definition stated 

that the relation of parent exists only when the offspring is an unmarried person under 21 years of age. Ppon reconsideration, a further study of the statutory language and of the legislative history 

leads us to the conclusion that the strict interpretation of the special 

inquiry officers should be modified. 

The term "parent" is defined in relation to the term "child" in 

section 101(b) (1) and (2) of the Immigration and Nationality Act 

and reads as follows! 

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(1) The term "child" means an unmarried person under twenty-one years 

of age who is— 

(A) a legitimate child; or 

(B) a stepchild, whether or not born out of wedlock, provided the child 

bad not reached the age of eighteen years at the time the marriage creating 

the status of stepchild occurred; or 

(C) a child legitimated under the law of the child's residence or domicile, 

or under the law of the father's residence or domicile, whether in or outside 

the United States, if such legitimation takes place before the child reaches 

the age of eighteen sears and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation. 

(D) an illegitimate child, by, through whom, or on whose behalf a status, 

privilege, or benefit is sought by virtue of the relationship of the child to its 

natural mother ; 

(E) a child adopted while under, the age of fourteen years if the child has 

thereafter been in the legal custody of, and has resided with, the adopting 

parent or pa rentb for at least two years: Provided, That no natural parent of 

any such adopted child shall thereafter, by virtue of such parentage, be 

accorded any right, privilege, or status under this Act. 

(2) The terms "parent," "father," or "mother" mean a parent, father, or 

mother only where the 7 eluttun.ship eirlata by recnma, of any of the oiroum 

stances set forth in (1) above. (Emphasis 'supplied.) 

The Department of State, in a case involving an illiterate mother 

of a twenty-nine year old American citizen, held that the mother 

was a "parent" and entitled to the exemption from illiteracy provided in section 212(b) on the ground that the language contained 

in section 101(b) (2) which reads "circumstances set forth in (1) 

above" refers to circumstances leading to a child-parent relationship 

as specified under subparagraphs (A), (B), (C), (D), or (E); 

namely, a legitimate birth, a stepchild relationship, a legitimated 

child, illegitimacy in relation to the mother, or adoption. The word 

"circumstances' as used in section 101(b) (2) does not relate to the 

words "unmarried" or "under twenty-one years of age" as used in 

section 101 (b) (1) of the act. (Note 7, Revised August 1, 1053, Visa 

Handbook 22 CFR 42.1). 

In view of the differing interpretations, the Commissioner of the 

Immigration and Naturalization Service requested that the conflict 

he resolved. The Commissioner, while not expressing any views on 

the matter, may be regarded as tacitly agreeing with the interpretation reached by the special inquiry officer, since the Service Representative, in oral argument on July 24, 1958, was content to rest 

on the record. 

In a communication dated May 6, 1959, the Department of State 

expanded its views expressed in the note referred to above. The 

Department agreed that the terms "parent" and "child" are interrelated and that the definition of a "child" as contained in section 

101(b) (1) of the act is a limitation upon the meaning of the term 

"parent." It did not agree, however, that an alient is a "parent" 

only where the person through whom such alien claims zin exemp357 
tion, benefit, or status under the immigration laws is unmarried and 

under twenty-one years of age. This view is based on a belief that 

the crucial word in the definition of "parent" is relationship. With 

respect to the exemption of a parent from the illiteracy test under 

section 212(b), the State Department resolved the doubt in favor 

of that interpretation which tended to give effect to the legislative 

purpose in providing the exemption in the first place, namely, unification of the family. Since the principal consideration which led 

to the enactment of the Act of September 11, 1957 was the unification ,of families, an interpretation of the word "parent" as used in 

section 7 of the At of September 11, 1957 which tended to keep 

members of families separated would seem to be inconsistent with 

the legislative purpose. In sections 5 and 6 of the Act of September 11, 1957, Congress granted discretionary relief to any alien who 

"has a son or daughter who is a United States citizen or an alien 

lawfully admitted for permanent residence * * *." The words "son" 

and "daughter" are broader than the word "child" and, therefore, 

section 7 of the Act of September 11, 1957, which deals with "parents" of citizens or permanent resident aliens, must be given a more 

restrictive application than sections 5 and 6, a result which it was 

doubtful Congress ever contemplated. The Department of State 

pointed out that if only an unmarried-alien under twenty-one years 

of age could benefit under the provisions of section 202(a) (4) (which 

permits an alien born within any quota area in which neither of his 

parents was horn and in which neither of his parents had a, residence 

at the time of such alien's birth to be charged to the quota area of 

either parent), the legislative purpose would be defeated since this 

rule of quota chargeability- was intended primarily for the benefit of 

adult aliens. Similarly, the adoption of the strict limitation as to 

child as an unmarried person under 21 years of age in relation to 

the various categories would, if applied to the term "parent," limit 

section 203(a) (2) of the Immigration and Nationality Act to unmarried adult United States citizens, since that section refers to 

parents of citizens over twenty-one years of age and makes no mention of their marital status which is referred to in the definition 

under section 101(b) (1). 

There can he. little doubt that the legislative history of the Immigration and Nationality Act clearly indicates that the Congress intended to provide for a liberal treatment of children and was concerned with the problem of keeping families of United States 

citizens and immigrants united.' In waiving the excluding provisions of existing law relating to persons afflicted with tuberculosis, 

the Congress desired that this waiver be extended in behalf of close 

I united States Code Congressional and Administrative sews, 85th Congress, 

1st Session, 1957, pp. 20, 21. 

358 
relatives of United States citizens or aliens admitted for permanent 

residence in the belief that enactment of this section, under which 

families of United States citizens and of aliens lawfully residing in 

the United States would be given an opportunity to be reunited, was 

not contrary to the public interest, while it would greatly contribute 

to the stability of the home life of many American and immigrant 

families directly affected. Similar considerations were expressed in 

granting discretionary authority in waiving grounds of exclusion in 

the cases of spouses, parents or children (including minor adopted 

children) - of citizens..or lawful resident, aliens and in providing for 

leniency for those applications made by close relatives of United 

States citizens and permanent resident aliens. 2 

It is, therefore, 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 desired to 

keep together in order to alleviate the hardship of enforced separations. Of course, as to the term "child," the restrictive limitations 

of age and marital status were kept but the categoric:, of relationship 

were widened to include illegitimate stepchildren, illegitimate children in relation to the mother and adopted children. While for 

immigration purposes a "child" ceases to be a. child even if it fits 

into the various categories when it reaches the age of twenty-one or 

becomes married, the parent, once the required relationship has been 

established, always remains a parent. This conclusion is warranted 

not only by a study of the legislative history but from a careful 

reading of the words of the statute. In view of the conclusion 

reached, the conflict has been resolved and the need for certification 

to the Attorney General no longer exists. 

The meritorious factors in the case has already been dwelt upon. 

The respondent has already been granted Advance permission to 

reapply for admi::ion after deportation. In addition, we will authorize voluntary departure and preexamination. In preexamination 

proceedings, the respondent will be eligible for consideration of the 

relief contained in section 7 of the Act of September 11, 1057. 

Order: It is ordered that the outstanding order and warrant of 

deportation be and the same- is hereby withdrawn. 

It is further ordered that, the alien be. permitted to depart, from 

the United States voluntarily without expense to the Government, to 

any country of his choice, within such period of time, in any event 

not less than 90 clays, and under such conditions as the officer-incharge of the district deems appropriate. 

It -;-s further ordered that preexamination be authorized, conditioned upon a showing by the alien that he can obtain the prompt 

issuance of an immigrant visa. 

2Congressionat Record, Vol. 103, :No. 157, Angus 28, 1957, pages 14789-14790. 

359