Mother’s Day Present for North Carolina Lesbian Couple: BIA Rejects USCIS “DOMA Denial” of Green Card Petition

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Just before Mother’s Day this North Carolina family learned that the Board of Immigration Appeals (BIA) rejected the denial of the marriage-based green card petition they had filed last year. The BIA sent the case back to the U.S. Citizenship and Immigration Services (USCIS) Field Office in Charlotte, North Carolina for further processing with orders to conduct complete fact-finding, including an interview, to determine whether they would be eligible for a green card if not for Section 3 of DOMA. This is the thirteenth time that a married same-sex binational couple, participating in The DOMA Project’s pro bono legal challenge to DOMA, has received a “remand” from the BIA after the USCIS denied their green card case because of DOMA. The DOMA Project has filed 45 appeals filed on behalf of married lesbian and gay couples never once has the BIA ever upheld the denial of a green card petition by USCIS. All the appeals that have been decided to date have ordered the USCIS to re-open the cases and fully process them to determine eligibility, clearly anticipating, it would seem, a post-DOMA future.

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Ruling by the Board of Immigration Appeals, rejecting the denial of the marriage-based green card petition filed by Becky and Sanne

Becky, Sanne and their daughter Willow live in Asheville, North Carolina. They first joined The DOMA Project in July 2011 when they shared their incredible, moving story, “Ten Trips, a Wedding and a Daughter: Exiled Binational Couple Finds a New Life in Belgium.” In 2012, Becky and Sanne settled down to a life in North Carolina. They married and filed a green card petition on the basis of their marriage. They also participated in our short film series, “Love Stories: Binational Couples on the Front Lines of DOMA,” which was produced by The DOMA Project in collaboration with Brynn Gelbard and the DeVote Campaign. (Read more about our collaboration on this series here.)

So what is next for Becky , Sanne and Willow? As the BIA has rejected the denial of their green card petition, they anxiously await news from the Charlotte, North Caroline Field Office of USCIS and hope that their long-awaited marriage-based green card interview will take place next month just in time to coincide with a ruling from the Supreme Court striking down DOMA for good.  We wish Becky and Sanne a Happy Mother’s Day!

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2 comments


  • Janice

    Yay! So happy for you both. Margie & I still think about that day last year when we filmed our videos. We hope for a speedy resolution to our fight to stay together very very soon.

    xxx

    May 14, 2013
  • Hi, my name is Ashley Broadway and I am the Director of Family Affairs for the American Military Partner Assoc. We are a non-profit org that supports military partners and spouses. Our organization has at least 2 bi-national couples. Possible we can partner and work together to highlight these couples. Please contact me if you are interested.

    May 16, 2013

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This is a pro-bono project of the law firm of Masliah & Soloway, PC. Posts on this website are offered for informational purposes only and do not constitute legal advice. The law firm of Masliah & Soloway, PC has offices in New York and Los Angeles. Our practice is limited to U.S. Immigration & Nationality Law.