Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male

Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male

"Having considered the unique circumstances of this case, we find that, while it does not mirror the factual scenario of Matter of Lovo, supra, it is a variation of our finding in that case. ... [W]e find that the petitioner and the beneficiary have a "monogamous, heterosexual marriage." We thus find it appropriate to remand the record to the Field Office Director to continue processing the instant immediate relative visa petition filed by the United States citizen petitioner on behalf of the beneficiary as his wife." - Matter of X-, Feb. 1, 2012, unpub. [Hats off to attorney Elaine H. Witty of NYC!]