In the wake of recent political upheavals, it is becoming common to encounter instances when family law questions and concerns acquire an immigration element. Many U.S. citizens hold dual citizenship or are married to foreign nationals. Their children may also be dual citizens. Given that many issues seem to be unsettled, in terms of the new administration’s policies, it is important to be able to react to ensure your family is protected.
Immigrant Status and Family Law
In theory, immigration law is meant to promote the idea of family unity, but in practice, U.S. immigration law can often separate families of different citizenship. Federal immigration law controls where it exists, but there are many loopholes most often filled by imperfect or inexact state laws that are applied unevenly. For example, a battered spouse may apply under immigration laws to obtain a U visa or status under the Violence Against Women Act (VAWA), but it is state family courts and family law that govern domestic violence cases.
One does not necessarily have to prove citizenship in any country in order to avail oneself of the courts in Illinois; however, one must prove state residency to be able to dispute certain issues such as parenting time or spousal support. Without proof of state residency, Illinois courts have no jurisdiction to enforce orders regarding these issues. Marriage may also be a question, especially in the context of VAWA claims or allegations of fraud.
Divorce and Child Issues...