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For those who entered the United States in order to be married, the increasing U.S. emphasis on deportation of illegal immigrants has changed very little; the rules that apply to such cases are as they have been for many years. Still, there are nuances that sometimes confuse even the experts, and attorneys of divorcing immigrants should be aware of them in order to better advise their clients on what to expect if, because of the break-up of a marriage, they have to deal with immigration issues. A recent decision from the U.S. Court of Appeals for the Fourth Circuit explains one such obscure point of law — one that is giving a woman slated for removal from the United States a second chance to appeal an Immigration Judge’s adverse decision. See Upatcha v. Sessions, 2017 U.S. App. LEXIS 3135 (4th Cir., 2/22/17).
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.