PETERS

11 I. & N. Dec. 691

• Court: Board of Immigration Appeals
• Decided: July 1, 1966
• Docket: 1608
• Status: Published

Opinion

Interim Decision #1608

'km= or Purses In Visa Petition Proceedings A-12814567 Decided by Board Arno 30, 2966 Since the adoption on 3anuary 21, 1983 of beneficiary (born out of wedlock in 1047) by her natural father and his wife by decree of the Municipal Court of Saint Croix, Christiansted, Virgin Islands, in accordance with Title 10, section 482, of the Virgin Islands Code, when the beneficiary was under 18 years of age, constitutes an acknowledgement and legitimation pursuant to said section of the Virgin Islands Code, beneficiary is a legitimated child within the meaning of section 101(b) (1) (0), Immigration and Nationality Act, as amended. • ' •

The case comes forward on appeal from the order of the District Director, San Juan, Puerto Rico dated April 6, 1966 den 'ying the visa petition for the reason that at the time of the adoption, the beneficiary had passed her 14th birthday and, therefore, could not be considered as the petitioner's child within the definition of the Immigration and Nationality Act. The petitioner, a native of Antigiia , British West Indies, a na- turalizod citizen of the United States, lies filed a petition to classify the status of his alien relative for issuance of an immigrant visa. - The beneficiary is a native and citizen of Antigua, British West Indies, born September 2, 1947, female. The beneficiary is the adopted daughter of the petitioner. There has been submitted a certified copy of a decree of the Municipal.. Court of Saint Croix Christiansted, Virgin Islands showing that the beneficiary and herI brother, Sylvanus, were adopted by the pe- tioner and his wife, Eileen, whom he had married on May 81, 1955, on January 21, 1968. The adoption_ papers indicate that the children were residing with the petitioner in the Virgin Islands. There is also contained in the Inovin . g papers a consent to the adoption exe- cuted by the natural. mother of the children who declares that they were born out of wedlock and that their natural father is Samuel It. Peters, the petitioner. In addition, two ministers under date of 691 Interim' Decision #1608 January 11, 1966 have certified that the two children have resided with the adoptive parents for the past three years. The visa petition was denied by the District Director for the rea- son that the beneficiary, at the time of the adoption, was over the age of 14 years and could nob be considered an adopted child within, the definition of Section 101 (lb) (1) (E) of the Immigration and Nationality Act. Counsel, while taking issue with the denial of the visa petition on the adoption ground, also asserts that the beneficiary . is a legitimated child. He relies upon the provisions of Title 16,. Virgin Islands Code, Section 462, which provides: The father of an illegitimate child, by pubncly acknowledging it as his own, with the consent of his wife, if he is married, into his farmer, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereafter deemed for all purposes legitimate from the time of its birth. The revision note in the Code explains that section 462 is new and is designed to ameliorate the rigors of the common law with respect to illegitirnates and that wording of the section is based upon section 230 of the Civil. Code of California. Section 230 of the California Civil Code provides that the father of an illegitimate- child, by publicly acknowledging it his own, receiving it as such,. with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were his legitimate child, thereby adopts it as such; and such child is thereupon deemed for all .pur- poses legitimate from the time of its birth. The slight difference• in language is not regarded as significant. Section 230 of the California Civil Code has been construed ae a statute of legitimation.1 The birth Certificate of the beneficiary does not name the father. Counsel in his brief alleges, without corroboration or documentation, that in a child support action, brought against the 'petitioner by the natural mother on or about 1951, the petitioner made public acknowledgement to the court that the beneficiary (age 4) was his daughter and that St. John's Police Court, St. John, Antigua, West Indies, after the public acknowl- edgement, entered a support order. However, it is believed unnecessary to remand the case for evidence of this support order. The beneficiary was adopted by the petitioner and h is wife on January 21, 1968 when the beneficiary was under the age of 18 years. This legal adoption conformed with the requirements of the Virgin Islands Code, Title 16, section 462 . set out above. This adoption .constitutes an acknowledgement and

1 Ballantine v. De Riles, 226 F.2d 623 (9th Cis, 1955) affirmed 851 TIS 5TO,

rehearing denied 352 VS 907.

692 IRteriiii'Deolsion #1608 legitimation pursuant to Title 16, Virgin Islands Code, section 462. 2 It is concluded that under Title 16, section 462, Virgin Islands Code, the beneficiary has been legitimated while under the age of ' 18 years and qualifies as a child within the meaning of section 101 (b) (1) (C) of the Immigration and Nationality Act. The appeal will be sustained. ORDER: It is ordered that the appeal be and the same is hereby sustained and that the visa petition be approved. 'See Matter of Palaefo, Int. Dee. No. 1470; See also Matter of Dar , 6 —

L & N. 825.