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PUBLIC LAW 8 7 - 3 0 1 - S E P T. 26, 1961

[75

STA T.

Public Law 87-301 September 26, 1961 [S. 2237]

AN ACT To amend the Iiiiniigration and Nationality Act; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101) is hereby amended by adding the following new subparagraph (6): " E l i g i b l e or" (6) The term 'eligible orphan' means any alien child under the age phan". of fourteen at the time at which the visa petition is filed pursuant to 73 Stat, 644. section 205(b) who is an orphan because of the death or disappearance 8 USC 1155. of both parents, or because of abandonment, or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment, or desertion by, or separation or loss from the other parent, and the remaining parent is incapable of providing care for such orphan and has in writing irrevocably released him for emigration and adoption." SEC. 2. Section 101(b)(1) of the Immigration and Nationality Act 66 Stat. 171; 71 (8 U.S.C. 1101) is hereby amended by adding the following: Stat. 639. " (F) a child who is an eligible orphan, adopted abroad by a United States citizen and spouse or coming to the United States for adoption by a United States citizen and spouse: Provided, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage be accorded any right, privilege, or status under this Act." Nonquota status; SEC. 3. (a) Section 205(b) of the Immigration and Nationality Act petitions. (8 U.S.C. 1155) is hereby amended to read as follows: 73 Stat. 644. " (b) Any citizen of the United States claiming that any immigrant is his spouse or child and that such immigrant is entitled to a nonquota immigrant status under section 101(a) (27)(A), or any citizen of the 8 USC 1101. United States claiming that any immigrant is his parent or unmarried son or unmarried daughter and that such immigrant is entitled to a 8 USC 1153. quota immigrant status under section 203(a)(2), or any alien lawfully admitted for permanent residence claiming that any immigrant is his spouse or his unmarried son or his unmarried daughter and that such immigrant is entitled to a quota immigrant status under section 203(a)(3), or any citizen of the United States claiming that any immigrant is his brother or sister or his married son or his married daughter and that such immigrant is entitled to a preference under section 203(a)(4) may file a petition with the Attorney General, No petition for quota immigrant status or a preference in behalf of a son or daughter under paragraph (2), (3), or (4) of section 203(a) of the Immigration and Nationality Act shall be approved by the Attorney General unless the petitioner establishes that he is a parent as defined in section 101(b)(2) of the Immigration and Nationality Act of the alien in respect to whom the petition is made, except that no such petition shall be approved if the beneficiary thereof is an alien Supra. defined in section 1 0 1 (b)(1)(F). No petition iov nonquota immigrant status in behalf of a child as defined in section 101(b)(1)(F) shall be approved by the Attorney General unless the petitioner establishes to the satisfaction of the Attorney General that the petitioner and spouse will care for such child properly if he is admitted to the United States, and (i) in the case of a child adopted abroad, that the petitioner and spouse personally saw and observed the child prior to or during the adoption proceedings, and (ii) in the case of a child coming to the United States for adoption, that the petitioner and spouse have complied with the preadoption requirements, if any, of the State of such child's proposed residence. The petition shall be in A l i e n orphans, entry. 66 Stat. 166.

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