May 30, 2005
Transsexual Immigration Love In Bloom By Juan Mann <http://www.vdare.com/mann/index.htm> Can't file a visa petition to immigrate your homosexual <http://blog.vdare.com/archives/2005/01/05/homosexual-mexican-immigrant-buil ding-democracy-in-iraq/> or lesbian <http://www.isteve.com/lesvsgay.htm> lover? No problem! Just have either one of you get a sex change, <http://www.vdare.com/malkin/welcome_mat.htm> get married in a state that recognizes transsexual <http://www.lc.org/misc/stcasessmarriage.htm> marriages, and then the federal government will give you the green light to file the papers to immigrate your new "spouse" under Section <http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-1150?f=templa tes&fn=document-frame.htm#slb-act201> 201(b)(2)(A)(i) of the Immigration <http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22?f=templates&fn=do cument-frame.htm#slb-act> Act. It's all possible now thanks to the Department of Justice's Board of Immigration Appeals <http://www.usdoj.gov/eoir/biainfo.htm> (BIA), an appellate body within the Executive Office of Immigration Review (EOIR) that is charged with hearing visa petition appeals from the Department of Homeland Security's Citizenship and Immigration Services (CIS) division. <http://www.ilw.com/lawyers/articles/2004,0817-mehta.shtm> The floodgates are now open for transsexual immigrants thanks to a recent decision by BIA members <http://www.usdoj.gov/eoir/fs/biabios.htm> Edward R. Grant, Frederick D. Hess and Roger Pauley. The EOIR's 3-bureaucrat panel decided to publish its decision <http://www.usdoj.gov/eoir/vll/libindex.html> in the case of Matter of Lovo <http://www.usdoj.gov/eoir/vll/intdec/vol23/3512%20.pdf> (23 I&N Dec. 746 (BIA 2005)) on May 18. ("Published" BIA decisions are effective as precedent that must be recognized by the federal immigration bureaucracy - AKA: the DOJ and the DHS' immigration-related agencies.) The Matter of Lovo <http://www.usdoj.gov/eoir/vll/intdec/vol23/3512%20.pdf> decision recognized the validity of an immigrant visa petition filed by an American citizen who is a "post-operative male-to-female <http://www.press.uchicago.edu/Misc/Chicago/556689.html> transsexual" (that is, a "he" born in North Carolina who became a "she" through medical science) in order to marry "her" male El Salvadoran husband. The happy <http://www.gaycitynews.com/gcn_421/panelokstrangendered.html> couple, Gia Teresa Lovo-Ciccone and Jose Mauricio Lovo-Lara, were married in North Carolina. The BIA panel ruled that the recognizing transsexual marriage for immigration purposes was not precluded by the 1996 Defense of Marriage Act <http://www.vdare.com/francis/gay_marriage.htm> (Public Law No. <http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_l aws&docid=f:publ199.104> 104-199), as long as the marriage was recognized by the state in which it took place. Amazingly enough, the Garden State of New <http://blog.vdare.com/archives/2005/05/28/new-jersey-requires-pc-mds/> Jersey has recognized the validity of transsexual marriages under its laws since 1976, by way of a Superior Court, Appellate Division decision in M.T. v. T.J. (355 A.2d 204 (N.J. Super. Ct. App. Div. 1976)). Other states have statutes specifically recognizing a legal change of sex after surgery. The state of North Carolina issued the post-operative female Lovo a new birth certificate indicating female sex following "her" September 14, 2001, sex change surgery. With Matter of Lovo <http://www.usdoj.gov/eoir/vll/intdec/vol23/3512%20.pdf> now on the books, the BIA has now let a thousand transsexual immigration visa petitions bloom! Ain't love grand? Juan Mann [send him email <mailto:[EMAIL PROTECTED]> ] is a lawyer and the proprietor of DeportAliens.com <http://www.deportaliens.com/> . [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Take a look at donorschoose.org, an excellent charitable web site for anyone who cares about public education! http://us.click.yahoo.com/_OLuKD/8WnJAA/cUmLAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? 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