Marriage With Transsexual Upheld Under US Immigration Law
by Cyrus D. Mehta and Elizabeth T. Reichard


The Board of Immigration Appeals (BIA) has held that a marriage, where one of the parties is a postoperative transsexual, will be recognized for immigration purposes. In Matter of Lovo, 23 I&N Dec. 746 (BIA 2005), the BIA reversed the decision of the Nebraska Service Center (NSC) denying an I-130 petition that was filed by a US citizen spouse on behalf of a native and citizen of El Salvador.