BIA Overturns Denial of I-130 from Step-father

BIA Overturns Denial of I-130 from Step-father

MyRights Immigration Law Firm successfully appealed the denial of form I-130 from a United States citizen step father. Under INA 101(b) a step-father may petition for his step-children as long as the marriage creating the relationship was formed before the child turned 18 years old. Some issues arise if the petition is filed after the marriage has ended, however the petition generally will still be valid.

The Denver Field office discounted the evidence of a continued relationship between the petitioner and beneficiary. However, on appeal the Board of Immigration appeals agreed with MyRights Immigration Law Firm stating, “The Director appears to have erred in declining to assign any evidentiary value to certain documents submitted.”

Our client will now be able to file for his immigrant visa and return to the United States to join his mother and step-father.

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