By Liam Clifford
Global Visas
In a case that may help others caught in the same difficult situation,rna woman has been granted a US visa despite her American spouse having died before her immigration papers were processed.
Cambodia-born Neang Chea Taing came to the US on holiday where she met naturalised US citizen, Tecumsen Chip Taing, who she married later the same year.
Her husband quickly filed a petition to gain her a US visa to move permanently as his immediate relative. However, he died soon afterwards and it was not long before Neang was being asked to return to Cambodia as the petition for her US visa had not been fully processed before her husband’s death.
Neang asked the district court to petition the US immigration department to process her visa application as the spouse of her deceased husband. The court subsequently agreed with Neang. However the government then appealed the decision, claiming that Neang did not classify as an immediate relative.
A Boston appeals court rejected the government’s claim and stated, “the meaning of the statute is unambiguous and Mrs. Taing qualifies as an 'immediate relative' under the statute.”
The court ruled that the fact the petition was held up was out of the control of the applicant and should not be held against her in such a situation.
Cambodia-born Neang Chea Taing came to the US on holiday where she met naturalised US citizen, Tecumsen Chip Taing, who she married later the same year.
Her husband quickly filed a petition to gain her a US visa to move permanently as his immediate relative. However, he died soon afterwards and it was not long before Neang was being asked to return to Cambodia as the petition for her US visa had not been fully processed before her husband’s death.
Neang asked the district court to petition the US immigration department to process her visa application as the spouse of her deceased husband. The court subsequently agreed with Neang. However the government then appealed the decision, claiming that Neang did not classify as an immediate relative.
A Boston appeals court rejected the government’s claim and stated, “the meaning of the statute is unambiguous and Mrs. Taing qualifies as an 'immediate relative' under the statute.”
The court ruled that the fact the petition was held up was out of the control of the applicant and should not be held against her in such a situation.
1 comment:
Congrats and thanks to the higher appeals court that overruled the government's decision. Welcome to stay in America, the land of the free and the brave. Good luck to your future endeavors.
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