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Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
Elena recently initiated divorce proceedings against her husband, Marcus. She told her family law attorney that he is “controlling” and quick to anger. But suddenly, Elena seems reluctant to continue the proceedings. When her attorney asks why, she confesses that she is an undocumented immigrant. Her husband, a U.S. citizen, had started filling out paperwork to help her get a green card, but never completed the process. He is threatening her with deportation if she goes through with the divorce. She is afraid to keep living with him, but fears being put into removal proceedings and separated from her two children. (“Removal” is the current technical term for deportation proceedings to remove someone from the United States.)
By Matthew A. Feigin
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
By Laurence J. Cutler and Alyssa M. Clemente
Part Two of a Two-Part Article
According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
By David Bliven
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.