In such case. the language as presently written in the bill would pose no problem. However. if the absence of one parent is due to abandonment or desertion by parent or separation or loss from the other parent. then the language of the bill would deny the child status as an eligible orphan. The amendment I have offered has the effect of restoring the original content and intent of the orphan section of our immigration laws. When only one parent is with the child and when. in the language of the amendment. that "parent is incapable of providing care for the child." then that child is as much destitute as an orphan who has lost both parents. Such a child should be eligible for adoption and immigration under our laws.
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immigration