Interim Decision *1521 

314Truu or TALBOT-P=188 

In Deportation Proceedings, 

 A-14129267 

Da ed by Board November 5, 1965 

An alien, who, shortly after birth in 1948 in South Africa, was adopted in 

that country within the meaning of section .101(b) (1) (B), Immigration 

and Nationality Act, as amended, by nonresidents thereof, with whom she 

resided until she Ives 18 years of age, may, puieuant to and :within the 

meaning of section 202(a) (4) of the Act, be charged to the gnota of Great 

Britain, to which her adoptive father Is chargeable, for the purpose of 

adjustment of status wider section 245 of the Act. 

CHARGE: 

' Order: Act of 1952—Section 241(a) (2) [8 [Lail 1251(a) (2)]—Nonimmi-• 

, grant, remained longer. 

An order entered by the special inquiry officer on April 23,•965 

grants the respondent's' application for status as a permanent' resident alien under the protisions of section_ 245 of the Immigration 

and Nationality Act, as amended (8 U.S.O. 1255). ,The deportation 

proceeding was .terminated and the Immigration Service took,no 

appeal. The Immigration Service on June 15, 1965 moved for a 

reconsideration•of the special inquiry officer's order granting 'relief 

under section 245 (supra). The special inquiry officer -in sn•order 

• entered on August 4, 1965 affirmed his prior order of Apr11.23, 1965 

and certified the case to the Board of Immigration Appeals for 

final decision on a matter of law. 

The respondent is a native of South Africa and a citizen of 'Great 

Britain. She last entered the United States through the port of 

Honolulu, Hawaii, on or about February 5, 1964. She was admitted 

as a visitor for pleasure authorized to remain in the United States 

until August 4, 1964. Thereafter, the time for her departure was 

extended. to October 14, 1964. She has remained in 'the' United 

States subsequent to October 14, 1964 without permission And she 

concedes that she is,deportable as charged in the order to sho4. cause. 

The respondent -applied for status as a 'permanent resident alien 

under section 245 of the Immigration and Nationality Act; . ns 

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Interim Decision #1521 

amended. She was born on July 28, 1948 at Cape Town, South 

Africa, awl. shortly after her birth she was adopted by James Owen 

Talbot-Phibbs, a native of Ireland, and his wife, Nancy Jean TalbotPhibbs, a native of Australia. Her adoptive parents were in Northern Rhodesia on assignment by the British Government Colonial 

Service at the time of her adoption. The respondent testified that 

she was adopted when about three weeks of age and that she resided 

with her parents until she was 18 years of age. Immediately after 

her adoption she was taken to Northern Rhodesia by her adoptive 

parents where they remained until 1952. Documentary evidence submitted by the respondent supports her testimony with regard to her 

birth in South Africa and her adoption by the Talbot-Phibbs family. 

- By virtue of her adoption -while under the age of 14 years the 

respondent Claims that she is chargeable to the British quota since 

her adoptive father is a. British subject. The record establishes that 

the respondent was inspected and admitted at the time of her entry 

on February 5, 1964. She has been examined by an officer of the 

• United States Public Health Service and found to be medically 

admissible to the United States. She testified that she has never 

been arrested or convicted of any-violation of law. An immigration 

visa is immediately available to her provided she is chargeable to 

the quota for Great Britain which is presently open in all categories. 

The issue of law before us concerns an interpretation of section 

202(a) (4) 'of the Immigration and Nationality Act (8 U.S.C. 1152 

(a) (4) ) 1which provides in substance that an alien born in a...eountry 

in which neither of his parenti was :born or was a resident at the 

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

parent. The special inquiry officer finds that under the provisions 

of sections 101(b) (1) (E) 2 and 101(b) (2) of the Immigration and 

'Section 202(a) (4) of the -immigration and Nationality Act reads as follows: ".. . For the purposes of this Act, the annual quota to which an 

immigrant is chargeable shall be determined by birth within a quota area, 

except that—(4) an alien born within any quota area in which neither of 

his parents was born and in which neither of his parents had a residence 

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

parent; ..." 

'The Act of September 11, 1957 (71 Stat 639) added subdivision (E) to 

section 101(b) (1). It reads as follows: "As used in titles I and II— 

(1) Who term "child" means an unmarried person under twenty-one yearn of o 

age who is—(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 parents for at least two years: Provided, That no 

natoral parent of any each adopted child shall thereafter, by virtue of aneh 

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

372 
Interim Decision #152/ ' 

Nationality Act' the respondent and her adoptive father James 

Owen Ta}bot-Phibbs, a British subject, may be considered to have 

the relationship of parent and child to each other and. therefore may 

be charged to the quota of Greet Britain pursuant to and within the 

meaning of section 202(a) (4) of the Immigration:and, Nationality 

Act (supra). 

It is the Service position that section 202(a) (4) is not brad 

enough to encompass an adopted child and its benefits must be limited to a legitimate child of natural parents. It is urged that to 

encompass an adopted child such as the respondent, section 202 (a) 

(4) would have to be oonstrued as though it read "in which neither 

of his parents had a. residence at the time of such alien's birth or 

adoption." (Emphasis supplied:) The Service maintains that the 

regulations of the Department of State* which implement section 

202(a) (4) support this position. 

The amendment of section 101(b) of the Act of September 11, 

1957 is remedial legislation and should be liberally construed. The 

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

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

significant word in the definition of "parent" is "relationship" and 

this is found' in a phrase which reads "where the relationship exists 

by reason of any of the circumstances set forth in (1) above." (Em- • 

phasis supplied.) The word "circumstances" found in the above 

quoted phrase relates to the categories of relationship set forth in 

section 101(b) (1) (supra). The categories of relationship were 

expanded by the Act of September 11, 1957 to include "an illegitimate child" for whom benefits are sought by virtde of a relationship 

• Section 101(b) (2) was not amended by the Art tit Reideroher 11, 1557_ 

It reads as follows: As used in titles I and II—(2) The terms "parent", 

"father", or "Mother" mean a parent, father, or mother only where the relittionship exists by reason of any of the circumstances set forth in (1) above. 

'22 CPR 42.54 (revised January 10, 1988, 28 red. Reg. 275) read as follows: • 

Exception for alien born. in quota area of which neither of his parents was a 

resident. An alien who is not a Chinese person and who is not otherffise 

attributable by as much as one-half of his ancestry to a people or peoples 

indigenous to the Asia-Pacific triangle, who was born in a quota area in which 

neither of his parents was born and in which neither of his parents had a 

residence at the time of his birth, may be charged to the quota of either 

parent as provided in section 202(a) (4) of the Act. Thb parents of such an 

alien shall not be considered as having acquired a residence within the meaning of section 202(a) (4), if at tea time of such alien's birth. within tlia quota 

area they were merely visiting temporarily or were stationed there under 

orders or instructions of an employer, principal or superior authority foreign 

to such quota area in connection with the business or profession of the era-- 

player; principal or superior authority (Emphasis supplied.) (Sec_ 262, 66 

Stet. 177: 8 U.S.C. 1152). 

873 
Interim Decision #1521 

to its mother and a "child adopted while under the age of fourteen 

yiars” provided the child has been in the legal custody of and has 

resided with the adopting parents for at least two years. 

The Department of State followed this interpretation of section 

101(b) (1) and (2) in a case involving an illiterate mother of a 29-

year-old United States citizen. It was held that the mother was a 

"parent" and entitled to the exemption from illiteracy provided by 

section 212(b) on the ground that the language used in section 101. 

(b) (2) which reads "oirownstanoes set forth in (1) above" refers to 

circumstances leading to a child-parent relationship as specified 

under subparagraphs (A), (B), (C), (D), (E) ; namely, a legitimate birth, a stepchild relationship, a legitimated child, an illegitimate child. in relationship to its mother, or an adopted child. The 

State Department held that the phrase "unmarried person under 

twenty-one years of age" did not limit a child -parent relationship 

Where the relationship is the determining factor for the accrual of 

benefits to the alien. Under this view the word "circumstances" 

relates to '"a child adopted while under the age of fourteen years" 

provided the child has been in the legal custody of and has resided 

with the adopting parents for at least two years.. We find nothing 

in either section 202(a) (4) or section 101(b) which distinguishes the 

respondent's case from that of the illiterate mother who was given 

an exemption under section 212(b) of the Immigration and_Nationality Act. 

The language of the statute is clear. Section 202(a) (4) is found 

in Title II of the Immigration and Nationality Act. Section 101(b) 

specifically states in its preamble that "The term 'child' . . . as used 

in titles I and II (of the Act) mean . . ." a child adopted under 

the circumstances which prevail in respondent's case. • We find no 

basis for the trial attorney's suggestion that the wording of section 

202(a) (4) of the Act should be construed as though it read "in 

which neither of his parents had a residence at the time of such 

alien's birth or adpotion." (Emphasis, supplied.) 

We. find the respondent chargeable to the British quota and will 

affirm the decision and order of the special inquiry officer granting 

her application for status as a perminent resident alien and terminating this proceeding. 

ORDER: The order entered by the special inquiry officer on 

August 4, 1965 granting the alien's application for status as a permanent resident alien under section 245 of the Immigration and 

Nationality Act, as amended, and terminating this proceeding is 

'hereby affirmed. 

374