BUTTERLY

Interim Decision #2235 MATTER OF BUTTERLY In Visa Petition Proceedings A-19350307 Decided by Board November 1, 1973 In order to qualify for preference classification under section 203(a)(5) of the Immigration and Nationality Act, as amended, as an adopted brother, the adoption must have been in accordance with the requirements of section 101(b)(1)(E) of the Act, as amended. Hence, in the instant case, beneficiary, whose adoption by petitioner's mother occurred when he was 18 years of age, is ineligible for fifth preference status as the adopted brother of the petitioner. The United States…