U.S. Citizenship & Immigration Services ("CIS")demanded that the beneficiary, a citizen of France, prove that she entered the United States legally. Her passport (with stamp proving legal entry) had been stolen a few years earlier. She was being sponsored for Lawful Permanent Resident status in the U.S. by her U.S.-citizen husband. The husband had changed his name through the "common usage" method, and CIS demanded proof (like a court order) that he was the same person listed on his birth certificate. This reply offers legal arguments as to why both demands by CIS are contrary to law. It also indicates what kind of evidence may be utilized and relied upon in making these arguments before CIS. (Result: CIS notified the beneficiary that she would be receiving her green card in the next few weeks.)
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Administrative Law Updates, Family Law Updates, Immigration Law Updates
Federal, 9th Circuit |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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