AzulaySeiden Attorney, Sara E. Herbek, Obtains Important BIA Decision
February 9, 2009, Chicago, IL-
AzulaySeiden Attorney, Sara E. Herbek, recently received an important decision from the BIA regarding her appeal of an I-130, Petition for Alien Relative, denial for one of AzulaySeiden’s clients. The client, a citizen of the Philippines, came to the US and married a US citizen in May, 2006. The USC then filed the I-130 on behalf of her husband. The California Service Center, however, denied the petition in September, 2008, because the beneficiary had previously been married in the Philippines in 1989. However, there are no legal divorce proceedings established in the Philippines. Despite this, the beneficiary was able to legally terminate his prior marriage in March, 2008.
Ms. Herbek contended that based on an Illinois provision (750 ILL. COMP. STAT 5/212), the marriage of the beneficiary and petitioner became valid on the date that “the impediment to their marriage was removed, i.e., the date when the beneficiary’s prior marriage was dissolved in the State of Illinois, where they co-resided.” Therefore, the I-130 should be re-considered for possible approval.
The BIA agreed and remanded the I-130 petition to the California Service Center for further consideration.
