NIWAP, represented by K&L Gates LLP, filed an amicus brief on behalf of a domestic violence victim who was an F-2 visa holder spouse. After receiving a protection order protecting the victim and her son from ongoing abuse from her F1-visa holder spouse, the victim filed for divorce. The divorce court dismissed the victim’s divorce case after finding that the state divorce court had no jurisdiction to adjudicate divorce for visa holder spouses based on an erroneous reading of a 9th Circuit immigration case. This amicus brief describes how U.S. immigration laws do not preempt state family laws and state law controls how an immigrant can establish residency for purpose of divorce and family law adjudications. (September 25, 2020).
Amicus Briefs, Case law, Divorce/Annulment/Marriage, Domestic Violence & Dynamics, Family Law, Sexual Assault & Dynamics