Visa Lawyer Blog
Under the most recent decision from BIA, an alien child who was adopted under the age of 18, and whose natural sibling was subsequently adopted by the same adoptive parent or parents while under the age of 16, may qualify as a “child” under INA section 101(b)(1)(E), even if the child’s adoption preceded that of the younger sibling. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008).
The Court agreed with the petitioner’s argument on appeal that there is no statutory or regulatory provision requiring that the beneficiary be adopted at the same time or after a natural sibling.
Read the ruling here Download file