CUELLO

Citations

• 20 I. & N. Dec. 94

Syllabus

CUELLO, 20 I&N Dec. 94 (BIA 1989) ID 3117 (PDF) (1) Where an adoptionhas been effected, be it intrafamily or otherwise, and the adopted childcontinues to reside in the same household with the natural parent or parentsduring the period in which the adoptive parent seeks to establish hisor her compliance with the statutory residence requirement of section101(b)(1)(E) of the Immigration and Nationality Act, 8 U.S.C. §1101(b)(1)(E)(1982), the petitioner has the burden of establishing that the adoptiveparent exercised primary parental control during that period of residence. (2) Evidence of parentalcontrol may take many forms, including competent objective evidence thatthe adoptive parent owns or maintains the property where the child resides,provides financial support and day-to-day care, and assumes responsibilityfor important decisions in the child's life. (3) The evidence mustclearly establish the physical living arrangements of the adopted child,adoptive parents, and the child's natural parents during the period oftime in which the adoptive parent seeks to establish compliance with theresidence requirement of the statute and, where a fraudulent or ad hocadoption is suspected, during any period following the adoption whichthe adjudicating officer deems appropriate. (4) Where a petitionerestablishes compliance with the statutory requirements of section 101(b)(1)(E)of the Act, demonstrating, where necessary, primary parental control duringthe parties' residence with one another, the relationship will be presumedbona fide in the absence of evidence indicating otherwise. Matter of Yuen,14 I&N Dec. 71 (BIA 1972) and Matter of Tang, 14 I&N Dec. 180(BIA 1972), distinguished.