Shortly after same-sex marriage was legalized, Valdivia and Cheslerean were married in Las Vegas. The couple then applied for Cheslerean’s permanent residence, but the petition was denied because ten years after the fact, USCIS alleged for the first time that Cheslerean’s previous marriage was fraudulent.
“This is simply not true. Mr. Cheslerean’s 2005 application was denied on the basis that the couple provided insufficient evidence. Under USCIS’ own regulations and case law, this did not provide a foundation for the current denial. Congress’ stated intent in promulgating immigration laws is to promote family unity. Arbitrary and capricious denials, such as the one in this case, frustrate that intent. Mr. Valdivia and Mr. Cheslerean have chosen to come forward and demand that USCIS act in accordance with the law, but many applicants with similar cases do not have the resources, and/or do not wish to waive confidentiality in order to do so,” said Noelia Rodríguez, lead counsel for the plaintiffs.”