Matter of Hall

• Decision Date: 03 March 1966
• Docket Number: Interim Decision Number 1563,A-11594745
• Citation: 11 I&N Dec. 526
• Parties: MATTER OF HALL In Visa Petition Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

11 I&N Dec. 526

MATTER OF HALL

In Visa Petition Proceedings

Interim Decision Number 1563

A-11594745

Board of Immigration Appeals

Decided by Board March 3, 1966

Since under the law of New York, section 6, Domestic Relations Law, and the judicial decisions relating thereto, "a marriage is absolutely void if contracted by a person whose husband or wife by a former marriage is living" and it is void from its inception without any decree of the court and for all purposes, there is no necessity of the presentation in visa petition proceedings of evidence of the termination of beneficiary's second marriage, contracted in 1956 while his wife by a prior undissolved marriage (1941) was still living; and as his first marriage was terminated by the death of his first wife in 1963, his third marriage in New York State in 1965 to petitioner, a United States citizen, is valid for immigration purposes and will sustain petition of the latter to accord him immediate relative status.

The case comes forward on appeal from the order of the District Director, New York District, dated November 18, 1965 denying the visa petition for the following reasons: it has been established that the beneficiary married Mae Agnes LawrenceJuly 26, 1941, Hazel D. WhiteDecember 29, 1956 and the petitioner, Thelma Devins, February 7, 1965; the first marriage was terminated by the death of the first wife in January 1963; however, there is no evidence that the marriage to the second wife was in any way terminated; in view of this, the marriage to the beneficiary is not recognized for immigration purposes; the beneficiary is not entitled to any benefit under the Immigration and Nationality Act.

The petitioner, a native-born citizen of the United States, 31 years old, female, filed a visa petition on February 25, 1965 seeking nonquota status as a spouse on behalf of the beneficiary, a native and citizen of Jamaica, West Indies, 55 years old, male.The parties were married on February 7, 1965 at Corona, New York.The visa petition indicates that this marriage is the first for the petitioner.The beneficiary stated to have been married once previously and the death certificate of his first wife on January 28, 1963 has been submitted.

The file contains a decision of a special inquiry officer entered November 9, 1964 relating to deportation proceedings against the alien.The respondent(beneficiary) was admitted to the United States on May 8, 1959 as a nonquota immigrant based upon his marriage on December 29, 1956 in Jamaica, West Indies to Hazel Daphne White, a United States citizen.However, at the time of that marriage the respondent's prior marriage to Mae Agnes Lawrence in Jamaica, West Indies on July 26, 1941 had not been legally terminated either when he married the second wife or when he obtained a nonquota visa as the spouse of the second wife.Accordingly, the respondent was found deportable under section 241 (a)(1) on the ground that he was excludable at the time of entry for the reason that he was not nonquota as specified in his immigrant visa.

In his decision the special inquiry officer observed that the marriage to the second wife was not a lawful marriage because he then had a spouse living and he did not disclose his prior marriage to...