Recently the Board of Immigration Appeals (BIA) issued an unpublished report that examined the marriage visa’s availability for a postoperative transsexual individual who had married her husband after the operation. At issue before the court was the applicant’s inability to get her native country to change her birth certificate and passport to reflect her change in gender. Despite her inability to get the birth certificate changed, the BIA determined that the individual was eligible for the marriage visa and could become a green card holder.