Speech #910208333

Mr. President. under present law. a U.S. citizen and spouse may adopt a foreign child under the age of 14 or an orphan or a child whose sole or surviving parent is incapable of providing for the childand has irrevocably released the child for emigration and adoptionand the U.S. citizen may file a petition with the Attorney General to have the adopted child accorded immediate relative status. If the petition is approved by the Attorney General. the child. if otherwise qualified for admission as an immigrant. is admitted to the United States without regard to the numerical quota limitations of the Immigration and Nationality Act. However. the definition of "child" for the purposes of the act is limited in section 101(b) (1) (F) to a child adopted abroad or brought over to the United States for adoption by a U.S. citizen and spouse. Under this definition. if a child is adopted by only one parent. he or she would not be considered a child for purposes of the immigration law. and the parent could not petition the Immediate relative status for the child. If only one parent adopts a foreign child. that child can be considered a child under section 101(b) (1) (E) of the act if the child is under 14 years of age and the parent has legal custody or resides with the child for a period of 2 years. This would require the single parent to move to the childs home country for a 2year period before becoming eligible to petition for immediate relative status for the child.