VP 5-11124
Decided by the Board December 2, 1953
Visa petition — Adopted child not eligible for preference status under section 203 (a) (3) of the Immigration and Nationality Act.
An adopted child is not a child within the meaning of section 101 (b) (1) of the Immigration and Nationality Act and is not eligible for preference status under section 203 (a) (3) of that act.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from the order dated April 30, 1953, of the Acting District Director, Baltimore, Md., denying the visa petition on the ground that the beneficiary is not eligible for preference under section 203 (a) (3) of the Immigration and Nationality Act.
Section 203 (a) (3) of the Immigration and Nationality Act provides for a preference to the children of aliens lawfully admitted for permanent residence. The petitioner is a lawfully resident alien. It is indicated that the beneficiary, born April 20, 1940, in Italy of unknown parents, was taken from an orphan asylum on May 6, 1946, and was adopted in Italy in October 1949.
It is argued that the beneficiary, having been adopted, is the legitimate child of the petitioner. However, the term "child" as used in the Immigration and Nationality Act is a defined term, and as set forth in section 101 (b)(1) of the Immigration and Nationality Act is restricted to (A) a legitimate child; (B) a stepchild; or (C) a child legitimated under the laws of the child's residence or domicile, or under the laws of the father's residence or domicile. It does not appear that the adoption of a foundling child satisfies the requirements of the term "child" as defined above. Accordingly, there is no other course but to dismiss the appeal.
Order: It is ordered that the appeal be and the same is hereby dismissed.