BIA Construes I-130 Requirements for Adoptees from Hague Countries

The Board of Immigration Appeals has determined that a petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Hague Convention must submit (1) a written statement from the Central Authority of the child’s country of origin stating that it is aware of the child’s presence in the United States and of the adoption, and that it has determined that the child is not habitually resident in the country of origin; (2) an adoption order or amended adoption order incorporating the language of the statement from the Central Authority; or (3) proof that the Central Authority of the child’s country of origin did not respond to the request for a habitual residence statement, that the Central Authority responded that it would not write a habitual residence statement, or that the United States Department of State has confirmed that the Central Authority does not issue habitual residence statements.

The full text of Matter of Furtado can be found here:

https://www.justice.gov/eoir/media/1352416/dl?inline

Fourth Circuit Address the Citizenship of Adopted Children

In a published decision, the Fourth Circuit has rejected the Board of Immigration Appeals' limitations on the use of nunc pro tunc adoption orders to establish the citizenship of adopted children.  The court held that an adoption order is effective for immigration purposes on the date that the state court order states that it is effective, regardless of the date it was filed or whether or not the state adoption statute specifically authorizes nunc pro tunc adoption orders.  The court recognized that adoption matters are within the expertise of state courts, and that there is no indication that Congress meant to give the Board of Immigration Appeals the ability to override or deem invalid a state court adoption order.

The full text of Ojo v. Lynch can be found here: http://www.ca4.uscourts.gov/Opinions/Published/151138.P.pdf

BIA Addresses Visa Petitions for Adopted Children

Typically, a child adopted by a U.S. citizen seeking to be classified as the immediate relative of that citizen for the purpose of procuring an immigrant visa must be legally adopted before the age of 16.  In a decision issued last week, the Board of Immigration Appeals determined that it would give effect to adoption decrees entered after a child's 16th birthday, but retroactively dated to a time prior the child's birthday, so long as state law permitted such a retroactive decree and the initial adoption petition was filed in the appropriate state court before the child's 16th birthday.

The full text of  Matter of Huang can be found here: http://www.justice.gov/eoir/file/627476/download