Lilia Nequinto Hendrix v. United States Immigration & Naturalization Service

Petitioner, a native of the Philippines, entered the United States on June 5, 1971, upon presenting an immigrant visa. The visa was issued to petitioner as the unmarried daughter of a United States citizen. This status qualifies one for the highest preference for admission under § 203(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1153 (a)(1). In truth petitioner had been married to a Philippine citizen at the time of her entry. As the married daughter of a United States citizen, petitioner would have received a lower preference under 8 U.S.C. § 1153 (a)(4), and admittedly would not have been eligible for admission.

The Immigration Judge found her de-portable under § 241(a)(1) of the Act, 8 U.S.C. § 1251 (a)(1), as excludable at the time of entry because she was an alien not of the status specified in her immigrant visa.

Petitioner appealed this decision to the Board of Immigration Appeals. While the appeal was pending, the Superior Court of California granted an annulment of petitioner’s marriage pursuant to California Civil Code § 4425(e), finding that her consent was obtained by force and stating that the annulment should be given retroactive effect “voiding the…