The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.
Although the INA does not either define "marriage" or lay down a framework for analyzing marriages valid for U.S. immigration purpose, the same can be gleaned through the interpretation of the case law. This framework has been consistently applied by the U.S. Attorneys General, the Board of Immigration Appeals (BIA), immigration officials, and most federal courts to determine the validity of marriage under the INA. The same framework has been laid down in the Department of State's Foreign Affairs Manual. The framework for analyzing the validity of any marriage for U.S. immigration purposes consists of the following three components: (1) Laws of the place where the marriage took place or was celebrated; (2) Laws of the State of residence or proposed State of residence in the United States; and (3) bona fides of the marriage for immigration purposes. The marriage to be valid under the U.S. immigration laws needs to satisfy all three components.
No comments:
Post a Comment