The Intersection of Immigration and Family Law: What You Need to Know!

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The Intersection of Immigration and Family Law: What You Need To Know!

Program originally presented Wednesday, December 20, 2023

Family law and immigration are two areas of the law that often times overlap with one another. Immigration issues may arise and have significant impacts in the context of divorce and child custody matters.  Family-based immigration is one of the top ways through which immigrant visas are obtained in the U.S. The eligibility and processing times for the family-based applications will vary depending on a number of factors.

Immigration matters can also complicate a divorce in instances where one spouse’s immigration status is dependent on the other spouse; or where one spouse’s immigration status is dependent on the other spouse’s visa. Another area of concern is child custody. Undocumented parents often worry about their rights and protections when it comes to a custody dispute over their child when the other parent has legal status. The main factor that courts consider when determining child custody is what is in the “best interest” of the child.

It is important attorneys understand the complexities involved in a family law matter with immigration considerations so that they have all the tools necessary to provide correct and protective advocacy for their clients.

Attend this program to hear our panelists address the following:

• Overview of Nonimmigrant and Immigrant Visa Categories Which Will Impact Marriage, Divorce and Custody Issues
• The Enforceability of Affidavits of Support-- Form I-134 and Form I-864 And Their Longevity: Has USCIS created a “new” Pre-Nuptial Agreement?
• Strategic and Tactical Lawyering: Identifying prior undissolved marriages outside of the US that can invalidate A new US marriage and potentially nullify Legal Obligations under Form-I-864
• Void and Voidable Marriages
• Impact of PFAs On Immigration Status
• Impact of VAWA Claims Against Non-US Citizens
• Relief and Protection for Victims of Domestic Violence Who are not Married to U.S. Citizens or “Green Card” holders

Moderator:
Wendy Castor Hess, Esq.
Co-chair Immigration Committee
Partner, Landau, Hess, Simon, Choi & Doebley

Panelists:
Julie A. Auerbach, Esq.
Partner, Astor, Weiss, Kaplan & Mandel

Ricky A. Palladino, Esq.
Partner, Palladino, Isbell & Casazza

Judy M. Springer, Esq.
Partner, Astor, Weiss, Kaplan & Mandel

 

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