Feature article discussing the legal intersection between federal immigration law and California family law, the limits to immigration sponsorship, the validity of divorce and marriage for federal immigration law purposes when it conflicts with CA law, and more. Los Angeles Lawyer Article June 2012 - by Immigration Attorney Heather Poole
The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.
Find out about LGBT divorce and family law matters in New Jersey. Learn about:
- history of same sex marriage in NJ
- civil unions, domestic partnership and gay marriage in New Jersey
- terminating a civil unions
- LGBT divorce and alimony
- property division: domestic partnership vs LGBT marriage
- Same sex couples and child custody, psychological parents and coparenting
- and more!
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.
Find out about LGBT divorce and family law matters in New Jersey. Learn about:
- history of same sex marriage in NJ
- civil unions, domestic partnership and gay marriage in New Jersey
- terminating a civil unions
- LGBT divorce and alimony
- property division: domestic partnership vs LGBT marriage
- Same sex couples and child custody, psychological parents and coparenting
- and more!
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
doma, defense of marriage act, green card, family base, us citizenship, immigrant, nonimmigrant, student visa, work visa, spouse, h-1b visa, LGBT, NAFSA
Surviving Spouse Inheritance Rights under Ohio LawJeffrey Feyko
For more than three decades, Jeffrey Feyko has worked as an administrative hearing officer, solicitor, and attorney in Fairfield County, Ohio. Jeffrey Feyko concentrates his practice in estate law, probate, and will execution.
Individuals can choose to disinherit certain family members by leaving the person out of their will. However, Ohio law has special rules in place to prevent this from happening to surviving spouses. If the testator explicitly leaves the spouse out of their will or leaves a smaller portion than expected, the spouse has the right to take legal action against the will. Generally, spouses are entitled to half of their spouse's estate. The only exception is if the testator has two or more children or direct descendants like grandchildren. However, the spouse is still entitled to at least a third of the remaining estate.
Spouses can also remain in the primary residence a year after their spouse’s passing. In many cases, the spouse also has the right to inherit the home and up to two automobiles, under certain conditions. Surviving spouses can also receive a support allowance, which is capped at $40,000. Spouses who want to contest the will must file with the probate court within a specific time frame - otherwise, these rights are no longer valid.
Divorce in India is one increasing rate getting higher as people are educated and know what is right and wrong for their life. Divorce seekers can get related information on Divorce in India.
Florida Wills: Requirements and Commonly Asked QuestionsRobert Kulas
Often simply referred to as a will, a last will and testament is a legal document that controls how your property will be disposed of after you die. Like all other states, Florida has its own laws that govern how Florida residents can make a will. In this presentation we will learn about wills and its requirements in the state of Florida.
Conflicts - Divorce and Related laws in the Philippines.pptxSlbaquiran
ANNULMENT AND DECLARATION OF NULLITY OF MARRIAGE
Annulment is the remedy if the marriage is voidable or annullable, i.e., valid until annulled; while declaration of nullity of marriage is the remedy if the marriage is void ab initio.
SYNOPSIS OF THE CONFLICTS RULES
FACTUAL SITUATION
Grounds for annulment (if the marriage is merely voidable) and grounds for declaration of nullity (if the marriage is void ab initio)
POINT OF CONTACT
The law alleged to have been violated: in other words, it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions that furnishes the grounds
if Filipinos get married abroad, the lex loci celebrationis will determine the grounds for annulment (Art 26, Family Code).
For example, two Filipinos get married in England. Let us assume that sterility is a ground for annulment of marriage in England. The marriage of the two Filipinos will be annullable on the ground of sterility, even if sterility is not a ground for annulment under the Family Code. This is because English law is the lex loci celebrationis.
JURISDICTION OVER CASES FOR ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE
Since we follow the nationality theory, our courts have jurisdiction to take cognizance of annulment and nullity suits in marriage in cases where the litigants are Filipinos. Domiciliaries of the Philippines can also file such suits in the Philippines.
In the Philippines, a Filipino citizen or domiciliary can file a case for annulment or declaration of nullity of marriage even if the defendant is a non-resident of our country.
IF THE MARRIAGE IS NULL AND VOID OR AN ABSOLUTE NULLITY, CAN THE PARTIES REMARRY WITHOUT GOING TO COURT, SINCE AFTER ALL, THE MARRIAGE DOES NOT EXIST AT ALL?
ANSWER:
No. Under Art. 40 of the Family Code which is a new provision, “the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
ABSOLUTE DIVORCE
The Family Code adoes not allow absolute divorce except that which is validly obtained abroad by a foreigner from his or her Filipino spouse capacitating him or her to remarry, in which case the Filipino spouse can also remarry
EXAMPLE 1
A Filipino couple when to Las Vegas where they obtained a divorce decree on account of the wife’s adultery. Will the divorce decree be recognized in the Philippines?
ANSWER:
No, because the divorce is contrary to an important public policy of the forum
EXAMPLE 2
American couple married in the US. Wife obtained a valid divorce in the US. If she should come to the Philippines, will she be allowed to get married here?
ANSWER:
Yes, provided she can get a certificate of legal capacity to contract marriage here. The divorce will be recognized as valid here because it is valid in accordance with her national law and it is valid in the place which granted the same.
EXAMPLE 3
A Filipina married H, a national of X. Under the laws of X, the
doma, defense of marriage act, green card, family base, us citizenship, immigrant, nonimmigrant, student visa, work visa, spouse, h-1b visa, LGBT, NAFSA
Surviving Spouse Inheritance Rights under Ohio LawJeffrey Feyko
For more than three decades, Jeffrey Feyko has worked as an administrative hearing officer, solicitor, and attorney in Fairfield County, Ohio. Jeffrey Feyko concentrates his practice in estate law, probate, and will execution.
Individuals can choose to disinherit certain family members by leaving the person out of their will. However, Ohio law has special rules in place to prevent this from happening to surviving spouses. If the testator explicitly leaves the spouse out of their will or leaves a smaller portion than expected, the spouse has the right to take legal action against the will. Generally, spouses are entitled to half of their spouse's estate. The only exception is if the testator has two or more children or direct descendants like grandchildren. However, the spouse is still entitled to at least a third of the remaining estate.
Spouses can also remain in the primary residence a year after their spouse’s passing. In many cases, the spouse also has the right to inherit the home and up to two automobiles, under certain conditions. Surviving spouses can also receive a support allowance, which is capped at $40,000. Spouses who want to contest the will must file with the probate court within a specific time frame - otherwise, these rights are no longer valid.
Divorce in India is one increasing rate getting higher as people are educated and know what is right and wrong for their life. Divorce seekers can get related information on Divorce in India.
Florida Wills: Requirements and Commonly Asked QuestionsRobert Kulas
Often simply referred to as a will, a last will and testament is a legal document that controls how your property will be disposed of after you die. Like all other states, Florida has its own laws that govern how Florida residents can make a will. In this presentation we will learn about wills and its requirements in the state of Florida.
Conflicts - Divorce and Related laws in the Philippines.pptxSlbaquiran
ANNULMENT AND DECLARATION OF NULLITY OF MARRIAGE
Annulment is the remedy if the marriage is voidable or annullable, i.e., valid until annulled; while declaration of nullity of marriage is the remedy if the marriage is void ab initio.
SYNOPSIS OF THE CONFLICTS RULES
FACTUAL SITUATION
Grounds for annulment (if the marriage is merely voidable) and grounds for declaration of nullity (if the marriage is void ab initio)
POINT OF CONTACT
The law alleged to have been violated: in other words, it is the law of the place of celebration (lex loci celebrationis) subject to certain exceptions that furnishes the grounds
if Filipinos get married abroad, the lex loci celebrationis will determine the grounds for annulment (Art 26, Family Code).
For example, two Filipinos get married in England. Let us assume that sterility is a ground for annulment of marriage in England. The marriage of the two Filipinos will be annullable on the ground of sterility, even if sterility is not a ground for annulment under the Family Code. This is because English law is the lex loci celebrationis.
JURISDICTION OVER CASES FOR ANNULMENT OR DECLARATION OF NULLITY OF MARRIAGE
Since we follow the nationality theory, our courts have jurisdiction to take cognizance of annulment and nullity suits in marriage in cases where the litigants are Filipinos. Domiciliaries of the Philippines can also file such suits in the Philippines.
In the Philippines, a Filipino citizen or domiciliary can file a case for annulment or declaration of nullity of marriage even if the defendant is a non-resident of our country.
IF THE MARRIAGE IS NULL AND VOID OR AN ABSOLUTE NULLITY, CAN THE PARTIES REMARRY WITHOUT GOING TO COURT, SINCE AFTER ALL, THE MARRIAGE DOES NOT EXIST AT ALL?
ANSWER:
No. Under Art. 40 of the Family Code which is a new provision, “the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.”
ABSOLUTE DIVORCE
The Family Code adoes not allow absolute divorce except that which is validly obtained abroad by a foreigner from his or her Filipino spouse capacitating him or her to remarry, in which case the Filipino spouse can also remarry
EXAMPLE 1
A Filipino couple when to Las Vegas where they obtained a divorce decree on account of the wife’s adultery. Will the divorce decree be recognized in the Philippines?
ANSWER:
No, because the divorce is contrary to an important public policy of the forum
EXAMPLE 2
American couple married in the US. Wife obtained a valid divorce in the US. If she should come to the Philippines, will she be allowed to get married here?
ANSWER:
Yes, provided she can get a certificate of legal capacity to contract marriage here. The divorce will be recognized as valid here because it is valid in accordance with her national law and it is valid in the place which granted the same.
EXAMPLE 3
A Filipina married H, a national of X. Under the laws of X, the
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Defining the Child – Parent RelationshipEstablishing PatLinaCovington707
Defining the Child – Parent Relationship
Establishing Paternity and Maternity
The Importance of Marriage – Historical Background on Children Born to Unmarried Parents
Historically, children born to unmarried parents were labeled “bastards” or “illegitimate,” and had fewer rights and opportunities than children born to married people.
Illegitimate children are, “persons who are begotten and born out of wedlock”.
Civil and Canon law legitimized the child by the subsequent marriage of the parents.
Protecting children from ‘illegitimacy,” remains a strong justification for the legal presumption that any child born to a married couple is the child of the husband and a legitimate product of the marriage.
Defining the Child – Parent Relationship, cont.
Surnames
Traditionally, children born to married couples are given the father’s surname.
At common law, a child born to unmarried parents was considered the child of no one and had no surname at birth.
The law began to give nonmarital children a right to inherit from their mothers and gave their mothers custody, these children began to receive their mothers surnames, which gradually moved from custom to law (text p. 129)
Gubernat v. Deremer – the court held that the surname selected by the custodial parent, that is the parent that makes the decisions in the best interest of the child’s life, is able to give the child their surname. Note: This rule applies for children under the age of 6 years
Defining the Child – Parent Relationship, cont.
Huffman v. Fisher – the court held that for children between the ages of 6-14, the court should make a determination concerning the child’s ability to state a preference which would keep in line with the best interest of the child
Factors to consider
The length of time that the child has used his or her current name
The name by which the child has customarily been called
Whether a name change will cause insecurity or identity confusion
The motivation of the parents in changing the child’s name
Any embarrassment, discomfort, or inconvenience that may result if the child’s surname differs from that of a custodial parent
Defining the Child – Parent Relationship, cont.
Unmarried Parents: The Contemporary Context
Constitutional and Statutory Reform
Levy v. Louisiana – The Supreme Court held for the first time that children born to unmarried parents are “persons” within the Fourteenth Amendment’s Equal Protection Clause.
The Uniform Parentage Act (UPA) Section 202 states, “a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.”
Establishing Paternity
The PRWORA [Personal Responsibility and Work Opportunity Reconciliation Act of 1966] resulted in three developments for the establishment of paternity
A change in social perspective
During the 1980’s, there was a growing focus on poverty and other societal problems often associated with single parenth ...
Seasoned veteran of family law, Leigh Carson of The Carson Law Firm, takes you through the basics of divorce law in St. Louis. Following this guide will help you be sure you start with a strong foundation and can help you save money, time, and frustration. You can learn more at http://thecarsonlawfirm.com/st-louis-divorce-the-basics/
Estate Planning for the Non Traditional FamilyBarry Siegal
Historically, most estate plans revolved around the nuclear family structure of husband and wife who were married for the first time and children that were born of that marriage.
Over the course of the last 20 plus years, divorce rates have increased, more opposite-sex couples are opting to live together without getting married, and there is a greater awareness of same sex couples who are committed to each other. In these situations the traditional approach of estate planning is not always appropriate.
For purposes of this presentation, the “non-traditional family” consists of either a same sex couple, whether or not recognized as “married” for state law purposes, as well as the opposite sex couple who are committed to each other, but for one reason or another have decided not to get married.
1 Although opposite sex couples who have previously been married and have children by a prior marriage are also considered a “non-traditional family” and have unique issues, this relationship will not be addressed in this presentation.
Annulment of Marriage Laws in India,Annulment or Nullity of Marriage,deference between annulment and divorce,annulment of marriage under Hindu Marriage Act 1955.
You are sitting across your desk from a couple you have just met. They have been dating for years, just can’t separate again, and have decided to marry in the United States. She is tearfully and haltingly explaining that while she came as a temporary visitor without a visa, she cannot now go back to her home country for months of separation from her U.S. citizen boyfriend. They are the prospective clients. At the end of this con- versation, you must assess their U.S. options including whether they have an adjustment of status application that will succeed. You are about to embark on the path of representing these clients at a time when the law in this area may be in flux.
The following is a discussion of the law and policy regarding this type of case.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Similar to "The International Affair" LA Lawyer Magazine -Feature Article - Immigration Attorney Heather Poole (20)
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Chapter 3 - Islamic Banking Products and Services.pptx
"The International Affair" LA Lawyer Magazine -Feature Article - Immigration Attorney Heather Poole
1. June 2011 /$4
EARN MCLE CREDIT
International
AffairsLos Angeles lawyer
Heather L. Poole discusses
the interplay between
immigration law and
family law
page 16
Anti-SLAPP
Update
page 21
Sale of
Collateral
by Receivers
page 28
Overseas
Bank
Accounts
page 9
Red Flags
Rule
page 13
2011 Lawyer-to-Lawyer Referral Guide
PLUS
International
Affairs
2. 16 Los Angeles Lawyer June 2011
WHEN AWARDING immigration benefits
such as permanent residency based on a fam-
ily or marital relationship, federal immigra-
tion authorities generally must defer to state
law interpretations of marriage, divorce, and
annulment.1 This deference leads to widely
varying immigration rulings that benefit some
couples and harm others depending on where
they reside. The rule also complicates the
job of an attorney representing a client who
is facing an immigration hearing, because
the client’s marriage history, as interpreted
under state law, can result in a denial of per-
manent residency.
The only exceptions to this rule arise
when a federal law specifically supersedes
state law. A prime example is the Federal
Defense of Marriage Act (DOMA), which
limits the definition of marriage—for the
purpose of federal benefits eligibility—to a
union between a man and a woman.2
Although California recognizes the gay mar-
riages entered into during the short time
when gay marriage was legal here, these mar-
riages are not eligible for federal immigration
benefits, because federal law does not recog-
nize homosexual marriages as legally valid.
Although President Barack Obama’s admin-
istration announced in February that it would
no longer defend DOMA’s constitutionality
in court, in March the Department of Home-
land Security's Office of General Counsel
confirmed that the department's Citizenship
and Immigration Services (CIS) was to adju-
dicate cases as before, because there had been
no change in the law.3
DOMA’s restrictions have been success-
fully challenged, however, in a case in which
state law allows marriage between a post-
operative transsexual and a person of the
opposite sex.4 DOMA does not address this
issue directly. In Matter of Lovo-Lara, the
Board of Immigration Appeals deferred to
North Carolina state courts to determine
whether to recognize such a marriage under
that state’s laws,5 and the state court con-
cluded that since one spouse’s state birth cer-
Heather L. Poole practices family-based immigra-
tion law in Pasadena.
I N T E R N AT I O N A L
Affairs
Clients seeking
permanent residency
in the United States
may be unpleasantly
surprised by the legal
interpretation of their
marital status
by Heather L. Poole
HADIFARAHANI
4. tificate reflected a postoperative gender
change, the state recognized the marriage,
and this, in turn, provided a route to per-
manent residency (also known as a green
card) for one of the spouses.6
In addition, provisions in the Immigration
and Nationality Act (INA) forbid other types
of marriages, even if they are allowed under
a state’s or country’s law, from receiving mar-
riage-based immigration benefits. These
include polygamous marriages (polygamy is
valid in many countries—including Sudan,
Myanmar, and India), which are denied immi-
gration benefits under the INA because
Congress has deemed them to be in violation
of public policy.7
Aside from exceptions such as DOMA
and polygamy, the general rule holds that in
immigration matters state law guides decisions
about whether a person is or was married—
and as a result, whether one spouse can spon-
sor the other for permanent residency. For
example, an immigrant spouse may be spon-
sored for residency based on a common law
marriage, but only if common law marriage
is recognized in the state where the couple
resides.8 In addition, although the CIS will
generally not recognize a proxy marriage (at
which one spouse is not physically present at
the legal ceremony), the marriage will be
considered valid for immigration purposes if
the spouses can prove it was consummated,
which carries its own evidentiary problems.9
Similarly, taking this extra requirement that
immigration law imposes into account, the
legitimacy of a proxy marriage that has taken
place in a foreign country will depend on
the laws of that country. If the marriage was
legally valid at the time of inception in that
country, then it will be recognized for U.S. fed-
eral immigration purposes, assuming it does
not violate U.S. public policy.10
Although proxy marriage may be recog-
nized in some states and under federal immi-
gration law, it is not recognized in California
unless the absent spouse is in the U.S. armed
forces, stationed overseas, and serving in a
conflict or a war.11 If these circumstances do
not apply, an immigrant spouse who resides
and entered into a proxy marriage in
California may not petition for a green card
based on the marriage.
Valid, Void, and Voidable
While the legal details of a marriage may
not seem important to a client on his or her
wedding day, they can profoundly affect the
client’s fortunes in later immigration pro-
ceedings. For example, a spouse who was
married in a foreign country and is seeking
alimony and a share of marital assets in a
divorce may be dismayed to discover that
the foreign marriage is invalid under state law.
A finding under California law that a foreign
marriage is invalid can also upset the federal
immigration case of a spouse who obtained
permanent residency based on the presumed
validity of the marriage. If fraud or bigamy
is implicated, the invalid marriage can poten-
tially result in ineligibility for permanent res-
idency, hefty fines, imprisonment, and depor-
tation.12
A California marriage that state law char-
acterizes as void (which is not the same as
voidable) can also terminate a divorcing
spouse’s options and eliminate the likelihood
of federal immigration benefits. Void mar-
riages are defined in California Family Code
Sections 2200 through 2201.13 These mar-
riages are invalid from the moment of incep-
tion and cannot be cured through a nunc
pro tunc order, equitable estoppel, or any
other family or common law device to make
the marriage legally valid after the fact.14 A
voidable marriage, by contrast, is not neces-
sarily invalid but can be deemed so by a
court, at which point the marriage is held to
be not legally valid.15 An immigration lawyer
should not expect an adjudicator from the CIS
to know the state Family Code and the spe-
cial mechanisms for legitimating a process or
finding. Instead, the attorney should expect
an uphill battle and likely appeals when issues
arise concerning whether a marriage is valid,
void, or voidable.
Divorce
The validity of a client’s marriage may depend
not only on the particulars of the marriage but
also those of a prior divorce. The validity of
a foreign national’s divorce plays a critical role
in whether he or she can legally remarry.
Making a determination about the validity of
a divorce is not as simple as reviewing a for-
eign divorce decree that appears facially valid.
The foreign national’s physical presence in the
state of California, as well as the time when
the divorce was finalized, are crucial factors
in determining the validity of the divorce
under California law. A person’s current
immigration status is irrelevant for purposes
of this analysis, as California can exercise
jurisdiction over a foreign national who is ille-
gally residing in the state (without a valid visa,
permanent residency, or authorized stay) for
purposes of the Family Code.16
When trying to preserve or file for U.S.
immigration status, many immigrants,
whether they reside in California legally or
illegally, opt for a so-called quickie divorce in
their home country (by proxy or by making
a short trip). Many immigrants are ignorant
of the California law that allows them to file
for divorce in state court even if they have no
immigration status. U.S. citizens have also
been known to take advantage of foreign
quickie divorces, most notably in the
Dominican Republic, which since the 1970s
has approved divorce based on mutual con-
sent and allowed foreigners to divorce with
no imposed residency requirement.17
Unfortunately for those immigrants who have
availed themselves of a quickie foreign divorce
before consulting an attorney, these divorces
will likely not be recognized in California if
California domicile has attached.18
A quickie divorce in a foreign country
may not be found valid under California law
if the foreign national was living, even illegally,
in California at any time in the year before the
foreign divorce is filed. The California Family
Code assumes jurisdiction over the foreign
national based on physical domicile in
California.19 A quickie foreign divorce that
California does not recognize cannot be used
for immigration purposes—including, for
example, to demonstrate a legal right to
remarry. For the divorce of a foreign national
domiciled in California to be valid, the for-
eign national must file the divorce in
California pursuant to the Family Code.
Otherwise, any subsequent marriage is void
and bigamous, which could severely under-
mine a subsequent immigration case.
In Matter of Hosseinian, the Ninth Circuit
was presented with the question of whether
a divorce decree obtained in Hungary should
be recognized. The spouses in the divorce
proceeding lived in California at the time the
proceedings commenced and were finalized.20
The court quoted the Family Code’s resi-
dency requirements in holding that the foreign
divorce decree was invalid because the spouses
were residents of California at the time, and
California had jurisdiction over them.21
The CIS, which governs benefits—includ-
ing permanent residency—that are granted to
immigrants, has also agreed with the
Hosseinian decision more recently in a sim-
ilar case in Florida. In 2008, the CIS Ad-
ministrative Appeals Office affirmed the
Miami CIS district director’s denial of a green
card for the spouse of a U.S. citizen because
the spouse’s prior Columbian divorce was
determined to be invalid.22 The immigrant
could not demonstrate that she or her previ-
ous spouse had resided in Colombia for the
necessary six months prior to the filing of the
divorce petition. They lived in Florida, which
obtained jurisdiction under its family code
when they became residents.
Other States
These laws are not the same in all states.
New Jersey, for example, does recognize
absentee divorces obtained by its residents.23
The Board of Immigration Appeals may there-
fore recognize a New Jersey marriage in
which one party has previously obtained a for-
eign divorce. As the BIA stated in Matter of
Ma, “[W]here one of the parties to a marriage
has a prior divorce, we look to the law of the
18 Los Angeles Lawyer June 2011
5. state where the subsequent marriage was cel-
ebrated to determine whether or not that
state would recognize the validity of the
divorce.”24 An attorney in California, there-
fore, should investigate a client’s marital and
residential history with the Hosseinian deci-
sion in mind.
Objections to the Hosseinian court’s line
of reasoning, and to the constitutional valid-
ity of California’s residency requirements in
recognizing foreign divorces, have been raised
based on the full faith and credit clause in the
U.S. Constitution and the inherent public
interest in recognizing the laws and court
decrees of other countries.25 But as the
Hosseinian court pointed out, the full faith
and credit clause does not apply to the recog-
nition of divorces obtained in foreign coun-
tries. It only applies to other U.S. states.26 For
the full faith and credit clause to apply, a
divorce must not only be valid under the
laws of the jurisdiction that granted the
divorce but also be in keeping with public pol-
icy. If not, a state or federal immigration
authority may decline to recognize the
divorce.27
Similarly, if a foreign national who has
resided in California for years travels to
another state and fraudulently claims to be a
resident of that state to obtain a quickie
divorce, the CIS may not recognize the
divorce. The issue of whether a state court is
bound to legally accept another state’s divorce
decree or order even if it was obtained fraud-
ulently remains to be litigated in federal
court.28 The U.S. Supreme Court has held that
the full faith and credit clause is “exacting,”
but when the judgment appears to violate a
state’s own law, the issue is not so clear.29 The
Family Code leaves this issue open as well.
Unregistered Marriage
Another common immigration issue is
whether a marriage in a foreign country
is legal when it was not registered with the
civil authority of that country or otherwise
solemnized pursuant to that country’s laws.
Frequently, an immigrant will simply remarry
in the United States after having lived here
for years. Legal problems may not begin
until after the immigrant hires a lawyer to
obtain a U.S. divorce or to obtain permanent
residency. Immigrants may assume that the
first marriage in the home country was not
legal because it was not registered. The immi-
gration attorney must turn to the laws of the
foreign country where the marriage took
place to determine if the first marriage was
legal.30
Another common scenario is that an immi-
grant or a U.S. citizen marries abroad and
later fails to tell his or her divorce or immi-
gration attorney about the prior marriage,
believing that it will not be recognized in the
United States. However, under California
law, if someone knows that he or she is not
legally divorced and remarries, he or she can
be charged with bigamy. The person may
likewise be guilty of polygamy under federal
law, which is a ground for the immigrant’s
inadmissibility (legally barring the immigrant
from obtaining a green card). A federal con-
viction of marriage fraud also carries a penalty
of five years in prison and/or a fine of
$250,000. The state of California also penal-
izes bigamy with either a prison sentence of
up to one year or a fine of up to $10,000.31
A bigamous marriage will only be recognized
as valid for federal immigration purposes if
it is the U.S. citizen spouse who has com-
mitted the bigamy and the immigrant spouse
can prove that he or she has been abused by
the U.S. spouse.32
Another frequent problem among immi-
gration petitioners is a prior marriage that did
not end in death or divorce but in the disap-
pearance of the spouse, who is presumed
dead. Without either a divorce or death
decree, the CIS is likely to conclude that the
immigrant’s current marriage is legally invalid
and bigamous. However, under California’s
Family Code, any subsequent marriage that
a client in this situation enters into while
believing the former spouse is dead is valid
until a formal nullity action is adjudged and
decreed by the family court.33
Thus, the subsequent marriage is void-
able, not void.34 If no nullity action is ever
applied for by a prior spouse or adjudged by
a court, then the subsequent marriage may be
deemed legally valid despite the absence of a
prior divorce decree. The CIS recognizes void-
able marriages as valid.35 Immigration prac-
titioners trying to guide clients through this
Family Code loophole should expect a fight,
however, since the last precedent BIA case on
this issue for purposes of granting immigra-
tion benefits was decided over 30 years ago.36
Immigration lawyers should protect them-
selves and their clients against unwanted sur-
prises by conducting a thorough inquiry into
the marital, citizenship, and residential history
of not only the client but also of the client’s
spouse and all former spouses. A similar
thoroughness in the intake inquiry for couples
or individuals who are visiting a family
lawyer’s office for a prenuptial or marital
agreement may also help a family or immi-
gration case later.
The complex interplay between state and
federal laws leaves many immigration and
family law clients confused, frustrated, and
looking for someone to blame. Family and
immigration lawyers can expose themselves
to malpractice liability if they fail to take
into account the many factors that can ren-
der a marriage void and thus destroy an
immigrant’s hope for permanent residency.
Among these factors is the deference that
federal immigration authorities pay to state
laws concerning marriage. I
1 Matter of Lovo-Lara, 23 I. & N. Dec. 746, 748
(B.I.A., May 18 2005), Boddie v. Connecticut, 401 U.S.
371 (1971); Sherrer v. Sherrer, 334 U.S. 343 (1948).
2 Federal Defense of Marriage Act, Pub. L. No. 104-
199, 110 Stat. 2419 (1996), codified at 28 U.S.C.
§1738C.
3 See, e.g., http://www.keennewsservice.com/2011/03
Los Angeles Lawyer June 2011 19
6. /31/doj-to-married-green-card-applicants-doma-still-
applies/.
4 Matter of Lovo-Lara, 23 I & N Dec. 746.
5 Id. at 748.
6 Id. at 753.
7 Matter of H., 9 I & N Dec. 640 (B.I.A. 1962).
8 United States v. Gomez-Orozco, 28 F. Supp. 2d 1092,
1095-98 (C.D. Ill. 1998).
9 Immigration and Nationality Act, 8 U.S.C.
§1101(a)(35).
10 Matter of E., 4 I & N Dec. 239 (B.I.A. 1951).
11 FAM. CODE §420(b).
12 8 U.S.C. §1325(c) (up to five years in prison and/or
$250,000 fine for marriage fraud felony conviction);
8 U.S.C. §1227(a)(1)(G) (marriage fraud deportation
ground).
13 FAM. CODE §§2200-01.
14 See FAM. CODE §2346(c)-(d) (nunc pro tunc);
Mukherjee v. INS, 793 F. 2d 1006 (9th Cir. 1986)
(Failure of INS to detect an invalid termination of a
prior marriage does not constitute affirmative mis-
conduct for equitable estoppel to attach.); Matter of
Morales, 15 I & N Dec. 411 (B.I.A. 1975).
15 FAM. CODE §2210.
16 FAM. CODE §§5001-02 (effective Jan. 1, 1970) (no
reference to immigration status in determining per-
sonal jurisdiction).
17 Dominican Republic, Ley No. 142 (adding ¶IV and
V to Art. 28 of Ley No. 1306) (Gaceta Oficial No.
9229, June 1971, amended 2000).
18 See Lopes v. Lopes, No. 081803 (Fla. 5th Dist. Ct.
App. 2003) (A foreign divorce that evaded state’s res-
idency requirements is invalid.).
19 FAM. CODE §§5001-02 (effective Jan. 1, 1970).
20 Matter of Hosseinian, 19 I & N Dec. 453 (B.I.A.
1987).
21 Id.
22 See redacted administrative decision of Robert P.
Wiemann, Chief, Administrative Appeals Office, U.S.
Citizenship and Immigration Services (Feb. 1, 2008), avail-
able at http://www.uscis.gov/err/A2%20%20Certification
%20of%20Cuban%20Adjustment/Decisions_Issued_in
_2008/Feb012008_04A2caa.pdf (last visited Jan. 27,
2011).
23 Matter of Zambrano, 18 I & N Dec. 46, Interim
Decision #2864 (May 5, 1981).
24 Matter of Ma, 15 I & N Dec. 70 (B.I.A. 1974). See
also Matter of Weaver, 16 I. & N. Dec. 730 (B.I.A.
1979).
25 U.S. CONST. art. IV, §1.
26 Matter of Hossenian, 19 I & N Dec. 453 n.1 (B.I.A.
1987).
27 Matter of Luna, 18 I & N Dec. 385, 386 (B.I.A.
1983).
28 Id. at 386.
29 Franchise Tax Board v. Hyatt, 538 U.S. 488, 494
(2003) (quoting Baker v. General Motors Corp., 522
U.S. 222, 233 (1998)).
30 Adams v. Howerton, 673 F. 2d 1036 (9th Cir.
1982), cert. denied, 458 U.S. 1111 (1982); Matter of
Arenas, 15 I & N Dec. 174 (B.I.A. 1975).
31 PENAL CODE §§281, 283 (bigamy); 8 U.S.C.
§1182(a)(10)(A) (polygamy).
32 8 U.S.C. §1154.
33 FAM. CODE §2210.
34 Id.
35 See, e.g., Matter of G., 9 I & N Dec. 89 (B.I.A. 1960)
(recognizing marriages that are merely voidable but not
void). See also Matter of Arenas, 15 I & N Dec. 174
(B.I.A. 1975) (Depending on state law, a second mar-
riage, where divorce is not final, may only be voidable,
not void.).
36 Matter of Nigoghossian, 15 I & N Dec. 256 (B.I.A.
1975). Cf. Wilcox v. Wilcox, 171 Cal. 770, 776 (1916);
Goff v. Goff, 52 Cal. App. 2d 23 (1942) (good faith
belief in death of prior spouse).
20 Los Angeles Lawyer June 201120 Los Angeles Lawyer June 2011
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