What Does Family Law Have To Do With Immigration Law

What Does Family Law Have To Do With Immigration Law

Though these two bodies of law are very distinct and separate, family law issues and immigration law issues intersect more than most people realize.  Though immigration law is federal and not state-specific, what a client can get done as per their state’s laws is still essential. 

The immigration status of a party in a family law case can affect the family court’s decisions as it relates to child support, custody, visitation, dowry contracts, passport and travel issues for children, financial support, and family violence.  Family court judges are asking immigration questions more frequently in divorces that involve children, in adoption cases, and in suits affecting parent child relationships. 

In the immigration law context, dates of marriage, proof of marriage, family violence, financial support (affidavits of support), and ages of children are just a few common overlapping family-related issues.

Some scenarios where immigration and family law arise are as follows:

• Husband is in the US on an employment-based work visa (H-1B); wife is here as a dependent (H-4 visa). Husband files for divorce.  What happens to the wife’s status? What happens to the child’s status?
• Wife is a US Citizen, and has filed for husband’s green card (still pending). Wife files for divorce—now what? Can the husband still get a green card? What about him getting custody? 
• Husband has a conditional 2-year green card based on marriage to a US Citizen. A divorce is filed by the wife; now what?
• Can a party be ordered to pay child support if he/she has no authorization to work?
• A party is married overseas, then comes to the US and marries again. Which date of marriage controls?
• A spouse is in the US without status and has now been placed in removal proceedings. Can his/her spouse or children help?
• A spouse has filed an affidavit of support on behalf of his/her spouse. A divorce is now pending.  Will the divorce end the obligations of the affidavit of support?          

Having an experienced and seasoned attorney with extensive knowledge in both areas of law can aid tremendously when deciding what course of action to take and the timing of the action.