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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 4 - Child Support

Issues for Non-Citizen Payors

Child Support Orders may pose potential issues for certain non-citizen payors, including:

  • Support orders may limit judicial discretion
  • Evidence
  • Significance of affidavit of support
  • Employment
  • Litigants in contempt proceedings

Potential Immigration Consequences Involving Unpaid Child Support

Federal Law: “Willful failure” to support dependents – whether in the U.S. or abroad – may:

  • Prevent individuals from becoming U.S. citizens.
  • Preclude certain types of immigration benefits or relief.
  • Result in referral for immigration enforcement if the individual is held in contempt and detained for failing to comply with a court order.
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FCA Article 4 - Child Support

  • Challenges in Child Support Proceedings
  • Documentation – Non-Citizen Payees
  • Issues for Non-Citizen Payors
  • Work Authorization & Employment
  • Evidentiary Issues & Judicial Considerations
  • I-864 Affidavit of Support
  • Collection & Enforcement
  • The Court Order: Suggestions
  • Contempt & Incarceration
  • FCA Article 4 Slide Presentation

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