Tuesday, June 5th, 2018

Unpub. BIA Remand: New Delhi Spousal Visa Petition

Marc Ellis writes: "If anyone practices in New Delhi, this may be of interest.  I just won a BIA appeal that should affect the way New Delhi denies spousal visas.  I've seen this consulate more than once – allege that a Hindu couple's marriage was ceremonially deficient and thus, invalid under the applicable Hindu Law of Marriages.  The normal way the consulate does this, is to get the beneficiary to confess that there was no ceremony held with a Hindu priest.  The consulate never takes the extra step of actually researching the Hindu law of marriages in India.  If it did, it would have known there are no ceremonial requirements mandated by the law.  The word "shall" is not used.  A