Linda Lee Amarante v. Rosenberg, District Director, Immigration and Naturalization Service

This is an action for declaratory judgment under the Declaratory Judgment Act, 28 U.S.C. § 2201 , and for review under the Administrative Procedure Act, 5 U.S.C. § 1009 .

Appellant is a native born citizen of the United States. Her husband, Daniel Fraga de Amarante, is an alien, a native and citizen of Portugal. He last entered the United States as a visitor on January 13, 1959. On September 3, 1959, he married a United States citizen, who is referred to as his "first wife”. On December 7, 1959, his first wife filed with the Immigration and Naturalization Service Form 1-130, “Petition to Classify Status of Alien for Issuance of Immigrant Visa,” seeking to classify her beneficiary husband as a nonquota immigrant. At the same time Mr. Amarante filed Form 1-485, “Application for Status as Permanent Resident”.

The first wife’s petition was approved on January 26, 1960, by the District Director of the Immigration and Naturalization service. No action was ever taken approving Amarante’s application for status as a permanent resident.

On July 14, 1961, the first wife was notified that the approval of her petition was revoked because it had been determined that her marriage to Mr.…