VP 3-31246
Decided by the Board November 10, 1953
Visa petition — Eligibility of adult stepdaughter for preference quota status under section 203 (a) (4) of the Immigration and Nationality Act.
An adult stepdaughter cannot be classified as a child within the meaning of section 101 (b) (1) which defines a child as one under 21 years of age. The failure to define the term "daughter" to include a stepdaughter in like manner as the term "child" was defined to include "stepchild" indicates it was intended to confine the term "daughter" to an actual blood relative. Therefore, a stepdaughter cannot be classified as a "daughter" in order to qualify for preference quota status as the daughter of a United States citizen within the meaning of section 203 (a) (4) of the Immigration and Nationality Act.
BEFORE THE BOARD
Discussion: This matter comes forward on appeal from the order dated August 17, 1953, of the district director, New York, denying the petition for issuance of an imimgrant visa on behalf of the beneficiary on the ground that the beneficiary is not considered to be a child within the meaning of section 101 (b) of the Immigration and Nationality Act, or a daughter within the meaning of section 203 (a) (4) and hence not entitled to nonquota or preference quota status.
The petitioner is a naturalized citizen and is the stepfather of the beneficiary, born at Brisbane, Australia, on January 10, 1929. Inasmuch as the beneficiary is now 24 years of age, she cannot be considered a child within the meaning of section 101 (b) (1) which defines a child as an unmarried person under 21 years of age. The beneficiary seeks to qualify under section 203 (a) (4) of the Immigration and Nationality Act which provides for quota preference for qualified quota immigrants who are the "daughters" of citizens of the United States. While the term "child" includes within its definition a stepchild, the term "daughter" is not defined so as to include a stepdaughter. The failure to so define the term "daughter" in like manner as the term "child" has been defined, leads to the inference that such omission was deliberate and it was intended to confine the term "daughter" to an actual blood relative. It is therefore concluded that the beneficiary, who is the adult stepdaughter of the petitioner, is not eligible for a preference within section 203 (a) (4).
Cf. Matter of V----, VP 04-7166 (B.I.A., August 28, 1953) holding a stepbrother not eligible under sec. 203 (a) (4).
While the immigration status of the beneficiary's mother is not shown, even if she were a lawfully resident alien, the daughter would not be eligible for a preference under section 203 (a) (3) of the Immigration and Nationality Act inasmuch as the beneficiary is over 21 years of age and does not qualify as a child as defined in section 101 (b) (1).
Order: It is ordered that the appeal be and the same is hereby dismissed.