Divorce, Deportation and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family Law

Understanding how family law and immigration law issues intertwine is critical to ensuring competent representation of a client in any family law matter involving a non-U.S. citizen. Because decisions made in family law matters have serious consequences on the non-citizen’s ability to stay in the United States or obtain a permanent residency, a lawyer not familiar with basic immigration law risks malpractice. Aliens in the country legally or seeking to be admitted may be deportable or inadmissible if they are convicted of a crime involving moral turpitude. Allegations of such crimes in a petition for marital dissolution can become critical in immigration proceedings. The decision whether to adopt a minor in the U.S. or abroad can impact the approval of that child’s naturalization. Spouses and children who are dependents of a non-citizen admitted on a work visa risk losing their status if the parties divorce. This program explains the current state of immigration law in key areas of family law to ensure that clients are protected from the immigration consequences that may follow, and is designed for all levels of practitioner experience.

 

 

 

 

This segment examines the enforcement of foreign marital and divorce decrees under the principles of comity, as well as the use of the Uniform Child Custody Jurisdiction and Enforcement Act in matters involving foreign custody orders. Practical tips on how to serve spouses living abroad and other jurisdictional questions are also provided.

 

The rise in migrating populations around the world has increased the number of marriages between U.S. citizens and foreign nationals, resulting in more complex custody and parenting issues that involve children being removed from the U.S. or parents requesting to take the minor children to their home country. This segment offers a comprehensive overview of how the Hague Convention on the Civil Aspects of International Child Abduction governs international custody disputes and how a foreigner’s visa may be affected if the provisions of the Hague Convention are violated. Topics include: knowing the difference between the “rights of custody” and “rights of access,” international parental kidnapping as a crime involving moral turpitude, and humanitarian non-immigrant visas.

 

 

This segment explores the usual adoption requirements for children living abroad, as well as the different rules for in-country adoptions of undocumented children, children with non-immigrant visas, and children in foster care (special immigrant juvenile status) or juvenile detention. Learn about the possible pitfalls when the adoptive family and the adoptee are related, as well as the consequences for the natural parents/siblings seeking immigration benefits through the adoptee.

 

Aliens either in the country legally or seeking to be admitted may be deportable or inadmissible if they are convicted of a crime involving moral turpitude. Such crimes include domestic violence, stalking, child abuse, child neglect, violations of protection orders, and adultery. Any allegations of such crimes set forth in a petition for dissolution can become critical in immigration proceedings. This segment provides practice tips on how to plead, negotiate and strategize in ways that will best benefit your client, as well as how to place your client in the best possible position to self-petition through the Violence Against Women Act (VAWA), and what to do when your non-citizen client is accused of domestic battery, child neglect, or other crimes involving moral turpitude. 

One uninformed decision made in the family courts can cost your client a green card and make the client deportable. Foreign nationals facing deportation or exclusion proceedings will explore every option to stay. Malpractice by the previous attorney can be a valid ground for rehearing. This segment is designed to assist lawyers in avoiding the pitfalls that may expose them or their practice.

 

In this final portion of the program, each of the speakers from the previous segments come together to expand on previous remarks and answer questions from attendees.