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The Violence Against Women Act (VAWA) includes a procedure that gives legal status to immigrants who were abused by their U.S. citizen or lawful permanent resident spouse, who often use the immigration law as a cudgel of power and control.
Last month, we introduced a hypothetical client named Elena, who had recently started divorce proceedings against her husband, but who soon began dragging her feet. It turned out that her husband had stopped working toward getting her a green card to stay in the country, and was threatening her with deportation, which could mean separation from her two children. And that’s not all: He has frequently threatened to kill her if she continues with the divorce; doesn’t let her leave the house to visit friends; tells her she is stupid; has threatened not to continue the immigration case if she doesn’t cooperate sexually; and hides money from her.
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.