Interim Decision *1819 

XIATI.F.B or Yoram * 

In Visa Petition Proceedings 

A-12788962 

Decided by Board November 30, 1967 

Beneficiary, an adniterine child born during the existence of the marriage of the 

putative rather to the petitioner as a result of an illicit relationship between 

petitioner's husband and a household servant who continued to be employed 

al; a servant and reared beneficiary in the household of petitioner and her 

husband, is not the stepchild of the petitioner within the meaning of section 

101(b) (1) (B) of the Immigration and Nationality Act, as amended, sines 

there has not been a marriage by the natural parent subsequent to the birth 

. of the beneficiary so as to create a step-relationship. (Nation v. Bsperdg, 239 

F. Sapp. 531, and Andrade v. Esperdy, 270 F. Supp. 516, distinguished.] 

ON B•A'AT-P OF PErnioriza: 

Tack Wasserman, Esquire 

902 Warner Building 

Washington, D.C. 20004 

(Brief filed) 

ON Bmiter.40 oi' .SERVICE : 

R. A. Vielhaber 

Appellate Trial Attorney 

The case comes forward upon petitioner's motion for reconsideration of our decision dated July 28, 1967, upon the basis of the holding 

in Andradev. Esperdy (S.D.N.Y., 36 Law Week 2077, August 8, 1967) , 

which was rendered subsequent to our decision dismissing the appeal. 

To recapitulate the facts, the petitioner, a native of Hong Kong, 

B.C.C., a British subject, female, married, a lawful permanent resident of the United States, seeks preference quota status on behalf of 

the beneficiary as her stepchild. The beneficiary is a native of Hong 

Song, B.C.C., a British subject, 10 years old. The petitioner was 

married on November 15, 1935, to Yeung Wan Tung. The beneficiary 

was born during the existence of the marriage between the petitioner 

and her husband as the result of an illicit relationship between the 

petitioner's husband and a household servant. The natural mother of 

the child continued to be employed as a servant and reared the 

beneficiary. 

* See also Natter of Young, Interim Decision No. 1762, of which the alien 

beneficiary in this ease is also the subject. 

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Interim Decision #1819 

The beneficiary's birth certificate shows that she was registered under the name of Tsui Ling, her father being described as Young Wan 

Tung and her mother as Yau Toon Tai, the petitioner. The petitioner 

testified that the registration of the birth was advised by the midwife. 

It has been testified that the petitioner's husband, the natural father 

of the beneficiary, sent financial support for all the members of the 

household. 

It is established, therefore, that the beneficiary is an adulterine 

bastard who was born out of wedlock during the time the putative 

father was married to the petitioner. Adulterine children are the issue 

of adulterous intercourse and are regarded more unfavorably than the 

illegitimate offspring of single persons? 

Section 101(b) (1) (B) of the Immigration and Nationality Act, as 

amended, defines the term "child" to include a stepchild, whether or 

not born out of wedlock, provided the child had not reached the age 

of 18 years at the time the marriage creating the status of stepchild 

occurred. Although accepted dictionaries define stepchild as a child 

by a former marriage, this statute literally contemplates, that for 

immigration purposes, a person may be a stepchild even though he is 

illegitimate.2However it is difficult to understand the argument that 

the beneficiary in this case can be regarded as a stepchild. The beneficiary is simply an illegitimate adulterine child. The child was born 

during a then existing marriage as the result of illicit intercourse 

between the married natural father and a female servant and there 

never has been a subsequent marriage by the natural parent of the 

child so as to create a sthprelationship. 8 

The attempt to stretch the holdings in Nation v. Esperdy, 239 

F.Supp. 531 (S.D.N.Y. 1965), and in Andrade v. Esperdy, 270 F.Supp. 

516 (S.D.N.Y. 1967), does not appear to be valid. In Nation the beneficiary was born on February 12, 1947 and the marriage between the 

petitioner-stepmother and the natural father occurred in 1952. In 

Andrade the beneficiary was born out of wedlock on June 5, 1948 and 

the natural father married the petitioner-stepmother on July 4, 1959. 

It is noted that in both cases the father was unmarried at the time of 

the birth of the illegitimate child and the marriage occurred subsequent to the birth of the child, thus creating the stepparent-stepchild 

relationship. In the Nation case, Judge Feinberg was persuaded on the 

facts of the case the beneficiary was plaintiff's stepchild. In the 

Andrade case, Judge Edelstein held that a marriage between a natural 

1Bouvier's Law Dictionary (3rd ed.) ; Matter of D—if—, 7 I. & N. Dec. 441; 

Matter of F —,7 I. & N. Dee. 448, 451. 

Nation v. Esperdo. 239.F. Supp. 531. 533. 

3Matter of Green, Int. Dec. No. 1570. 

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Interim Decision #1819 

father and a woman creates a stepparent-stepchild relationship between the Woman and the child, and that any consideration of a preexisting family unit is irrelevant. 

We do not feel that a discussion of the holding in the Andrade case 

is warranted. We hold simply that the facts in the instant case do not 

fall within the factual situations which were present in the Nation and 

Andrade cases. The motion will be denied. 

ORDER: It is ordered that the motion be and the same is hereby 

denied. 

546