Transsexual Immigration Love In Bloom—Thanks To DoJ Bureaucrats


Can`t
file a visa petition to immigrate your

homosexual
or

lesbian
lover?  No problem!  Just have either one of
you get a
sex change,
get married in a state that recognizes

transsexual marriages
, and then the federal
government will give you the green light to file the
papers to immigrate your new "spouse" under

Section 201(b)(2)(A)(i)
of the

Immigration Act
.

It`s all
possible now thanks to the Department of Justice`s


Board of Immigration Appeals

(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.
 

The
floodgates are now open for transsexual immigrants
thanks to a recent decision by BIA

members
Edward R. Grant, Frederick D. Hess and Roger
Pauley.

The
EOIR`s 3-bureaucrat panel decided to publish its

decision
in the case of

Matter of Lovo
(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
decision recognized the validity of
an immigrant visa petition filed by an American citizen
who is a "post-operative

male-to-female
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 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
(Public Law

No. 104-199)
, as long as the marriage was recognized
by the state in which it took place.

Amazingly enough, the Garden State
of

New 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
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
] is a lawyer and the proprietor of

DeportAliens.com
.