MARQUEZ

Citations

• 20 I. & N. Dec. 160

Syllabus

MARQUEZ, 20 I&N Dec. 160 (BIA1990) ID 3129 (PDF) (1) The Board of ImmigrationAppeals rejects a strict statutory interpretation of section 101(b)(1)(E)of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(E)(1982), thereby relying upon the legislative history of the statute whichindicates that Congress did not intend to recognize ad hoc adoptions designedto circumvent the immigration laws. (2) The Board finds theadoptive relationship is more akin to marital relationships than to steprelationships,and thus, in certain cases, the bona fides of adoptions will be determined. (3) Visa petitions involvingthe specter of sham adoptions which generally arise in adoptions by aclose relative where the relationship between the natural parent and theadopted child does not appear to change subsequent to the adoption willbe analyzed under the standards set forth in Matter of Cuello, 20 I&NDec. 3117 (BIA 1989).