Dear Editor:
Another Immigration Daily attorney subscriber requested research assistance on the issue of approval of the adjustment of a petition for a transsexual in a family petition. One part of the strategy appears to be the sex for purposes of section 7 of the Defense of Marriage Act. If the transsexual beneficiary was a male and the petitoner was a male at the time of filing (or issuance of the benefit) the K-1 fiance or I-130 spouse, that could be critical if denied. The timing of the operation completed, and the timing of the filing, and processing of an adjustment may be critical to strategy and approval. The AILA Info Net (for AILA American Immigration Law Association) members... has several documents on this issue. i.e. AILA Doc. 04092760. BIA ruled in favor of the beneficiary of completed surgery, and the case was remanded. AILA Doc. 04080367 (looks to the gender when document is issued).
Elaine Schneider, Esq.
Minneapolis, MN
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