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Marriage: A lawful path to permanent residence or a fraudulent arrangement meant only to skirt the law? Does the couple have a good faith intent to create a lasting relationship as marital partners? Or, will they go their separate ways once the immigrant spouse gets a green card? How immigration officials go about the task of answering these questions is the principal subject of this webinar, examining such topics as evidence to establish a good faith relationship; how to prepare clients for a spousal interview; issues related to the two year conditional residence period, including what to do when good faith marriages break up during that period.
We also discuss the place of non-traditional marriages in the context of immigration law. For example, may couples live separate lives? Is sex an essential element of a good faith marriage? May a marriage between gay and straight partners qualify as a good faith marriage? Is there a future for gay marriages in immigration law? Does the "viability"of a marriage still have a bearing on a couple’s good faith? Finally, what relief is available, if any, for those found to have engaged in marriage fraud, particularly in light of the ban on new petitions found in the draconian provisions of INA §204(c).
Don Ungar, Of Counsel to Simmons & Ungar and the ILRC
With more than 40 years of immigration law experience, Don has litigated numerous cases before the Board of Immigration Appeals, the federal district courts, courts of appeal and the United States Supreme Court. He was the recipient of the first Jack Wasserman Award for excellence in litigation by the American Immigration Lawyers Association, as well as the Phillip Burton Immigration and Civil Rights Award.