VP 8-3340.
Decided by Board July 15, 1954.
Preference quota status — Section 203 (a) (4) of Immigration and Nationality Act — Sister — Parents never married.
To establish eligibility for preference quota status as the sister of a United States citizen in accordance with section 203 (a) (4) of the Immigration and Nationality Act, it is necessary that the parties be either legitimate full sisters or legitimate sisters of the half blood. Therefore, the relationship of "sister" does not exist between offspring of the same parents where such parents were never lawfully married.
BEFORE THE BOARD
Discussion: The petitioner, a citizen of the United States, seeks a preference under section 203 (a) (4) on behalf of the beneficiary, her alleged sister. Section 203 (a) (4) grants a preference to among others, brothers and sisters of citizens of the United States.
The record establishes that the petitioner and the beneficiary are full natural sisters, the offspring of parents who apparently were never married. This latter fact is established by an affidavit of the petitioner executed April 29, 1953, before a notary public in which she states that her mother and father were never married in the church and, therefore, their marriage was never recognized by the state.
It, therefore, appears from the facts of record that the petitioner and the beneficiary are illegitimate sisters of the full blood. However, in order to be eligible for the preference set forth in section 203 (a) (4), it is necessary that the parties be either legitimate full sisters or legitimate sisters of the half blood.
See unreported Matter of L----, VP 3-42620 (April 8, 1954). See also: Matter of M----, 0300-433026, 5 IN Dec. 120 (Atty. Gen., 1953); Matter of A----, VP 6-2026, 5 IN Dec. 272 (Atty. Gen., 1954).
Accordingly, it is necessary to deny the visa petition. It is noted that the affidavit executed by the petitioner regarding the absence of marriage of her parents is somewhat ambiguous inasmuch as it leaves room for a construction that the parties may have been married outside the church. In the event there was in fact a ceremonial marriage celebrated between the parents, the matter may be presented for reconsideration upon proof of such ceremonial marriage.
Order: It is ordered that the appeal be and the same is hereby dismissed.