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26 J. Am. Acad. Matrimonial Law. 79 (2013-2014)
Maneuvering Immigration Pitfalls in Family Court: What Family Law Attorneys Should Know in Cases with Noncitizen Parties

handle is hein.journals/jaaml26 and id is 91 raw text is: Maneuvering Immigration Pitfalls Maneuvering Immigration Pitfalls in Family Court: What Family Law Attorneys Should Know in Cases with Noncitizen Parties by Susan A. Roche' Introduction Why should a family law attorney care about immigration law? If the attorney overlooks potential immigration implica- tions, she might obtain an expeditious divorce settlement for her noncitizen client, which inadvertently gets him deported. Or she might walk into a divorce hearing for her U.S. citizen client with- out realizing her client previously signed a contract for her hus- band's immigration process, which requires her to support him financially and may be enforced in a divorce proceeding. A basic understanding of the intersections between family and immigra- tion law can help prevent, or at least prepare for, these disasters. A family law attorney may be in a position to recognize that his client qualifies for immigration status, which will help her to stay in the United States so that she can assert her rights in her family law matter. For example, the client might be a domestic violence survivor who is hesitant to leave her spouse for fear of deportation, but qualifies for permanent residency (green card status) under the Violence Against Women Act. Or, the attorney might be the guardian ad litem for an undocumented child whose future appears limited without legal status, but who qualifies for permanent residency as a Special Immigrant Juvenile because he was neglected, abused or abandoned by a parent. The attorney would be in a position to notify the client of these possibilities and refer that client to an immigration practitioner who can ex- plore possible options. 1 Susan A. Roche, Esq. is the Executive Director of the Immigrant Legal Advocacy Project in Portland, Maine. Vol. 26, 2013 79

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