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Citations for ILW.COM's Seminar
Family Immigration For Beginners
Session 2 held on September 3, 2009

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From Jim Alexander

Adoption INA Section 101(b)(1)(E)

A child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household, 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; or Subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph F(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years.

Nunc pro tunc adoptions not valid for immigration purposes. See Matter of Carriaga, 15 I. & N. Dec. 716 (BIA 1976)

Adoptions under the Hague Convention - See 101(b)(1)(F)

Automatic revocation of immigrant petitions - 8 C.F.R. Section 205.1 Reinstatement based upon humanitarian reasons - 8 C.F.R. Section 205.1(a)(3)(i)(C)(2). To determine whether the individual has a relative who could serve as substitute sponsor, go to INA Section 213(A)(f)(B)

Validity of I-130 even though couple is living apart. Matter of McKee, 17 I.&N. Dec. 332 (BIA 1980)