How Support Proceedings, Orders & Enforcement May Impact a Payor’s Immigration Status/Relief
- Many forms of immigration relief have an element of discretion, either by the immigration judge (if the person is in removal proceedings) or the USCIS adjudicator (if the person is applying for affirmative relief).
- The willful failure to support dependents may preclude the favorable exercise of discretion in certain types of immigration relief.
- The willful failure to obey a lawful order of support may result in a jail term for the respondent.
- If litigants disclose their immigration status during a proceeding, support magistrates should remain impartial and decide the case pursuant to the Family Court Act, irrespective of the litigant’s immigration status.