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Divorce and the Foreign-National Spouse

By Janice G. Inman
October 01, 2004

Part One of a Two-Part Article

New York is still one of the major destination states in this country for newly arriving immigrants. Many of them come as newlyweds to the state, or are married after they've lived here, either legally or illegally, for some time. Of course, newly married immigrant spouses of American citizens or permanent citizens can apply for residency, but in the first years of marriage, that status, when granted, is not permanent but conditional. Family lawyers dealing with divorcing aliens or their spouses must therefore be prepared to advise their clients of the problems that can arise when immigration status is at stake along with the usual questions of who gets the dining set and the better car.

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