Here’s an excerpt from a routine communication I receive in the course of my job as an immigration paralegal: the source is the minutes of a liaison meeting with the State Dept. for immigration practitioners…now why do I never get the juicy cases like this one?
“42. In the past, the consulates would approve fiancee visas for transsexual fiancees of USCs as long as there was an approved petition. Recently, the US consulate in Thailand denied a visa for a fiancee where the CSC had approved the petition, stating that the policy has changed and that they will not recognize a marriage between two people born anatomically male. The policy used to be that if you could show that the person would be able to legally marry in the state where the USC resided, the consulate would grant the visa. Can you please inform us if there has been such a change?
A. Because this issue relates to petition validity, we have looked to the INS/BCIS for guidance. When this particular case arose, we were advised by the then INS general counsel’s office that a similar petition had recently been denied in a decision by a district director citing the Defense of Marriage Act, and that post should return the petition to the INS for possible revocation. The Visa Office independently researched the issue at the time, but was unable to find clear guidance. This appears to be an issue that needs further judicial or legislative clarification, and we will follow the DHS general counsel’s guidance, whatever that may be, in future cases.”