Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Board of Immigration Appeals· 7/1/1995

XIU HONG LI

Citations

  • 21 I. & N. Dec. 13

Syllabus

XIU HONG LI, BENEFICIARY OF VISA PETITION FILED BY BAO YI XU, 21 I&N Dec. 13 (BIA 1995) ID 3244 (PDF) (1) If the provisions of section 101(b)(1)(E) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(E) (1988), have been invoked in order to obtain or confer an immigration benefit by virtue of an adoptive relationship, the natural relationship will not thereafter be recognized for immigration purposes even if it is established that the adoptive relationship has been legally terminated. (2) A natural parent-child relationship can again be recognized for immigration purposes following the legal termination of an adoption meeting the requirements of section 101(b)(1)(E) of the Act if the petitioner can establish the following four criteria: (1) that no immigration benefit was obtained or conferred through the adoptive relationship, (2) that a natural parent-child relationship meeting the requirements of section 101(b) of the Act once existed, (3) that the adoption has been lawfully terminated under applicable law, and (4) that the natural relationship has been reestablished by law.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reviewing, on appeal, evidence regarding the legal effect of the termination of adoption in China
  • remanding proceedings after evaluating new evidence that was submitted on appeal. “Ordinarily, we would not consider evidence first offered on appeal. However, in this instance the issue to which this evidence pertains was understandably not focused on below. ...”
  • adoption severed relationship with natural parents

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.