I-130 Denied Due to Cousin Marriage but Reversed on Appeal


Our client married his first cousin and filed an I-130 for her. While I-130’s based on first cousin marriages are generally not approved by USCIS, they are approved in cases in which the petitioner and beneficiary intend to live in a state that allows first cousin marriage. Our client lived in such a state, but USCIS still denied the petition because they did not believe that the petitioner had enough ties to the state. Attorney Furqan appealed the decision to the Administrative Appeals Office (AAO), and the AAO reversed the decision of USCIS, allowing the petitioner to complete immigrant visa processing for his spouse.

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