Just read advise that a CR spouse needs to use divorce proceedings for discovery of documents in possession of their spouse?

Asked over 1 year ago - Portland, OR

What does this mean? Is is saying that the divorcing CR spouse can obligate the citizen spouse ( who may be withholding documents) to give necessary documents so that they can use these to remove the conditions on their status? Can the government/judge anyone force the spouse who may have documents to make them available?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Not an immigration law question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jay Bodzin

    Contributor Level 20


    Lawyers agree

    Answered . Any party to a lawsuit, including a divorce, can request that the other parties make available to them any evidence that may be relevant to any issue in the case. This applies equally to citizens and non-citizen litigants alike. Now, in theory, these requests for documents and other evidence are supposed to be limited to the discovery of admissible evidence; you can't go "fishing" for other things that are totally unrelated to the case. But in practice, most of the time, courts will order documents produced if there's any possible relevance, unless they're protected by some sort of privilege (doctor/patient privilege, for instance - you can't demand to see your spouse's medical records unless their condition is directly relevant to the case somehow). In general, withholding documents in discovery is frowned upon by judges. Also, a divorce court can order a spouse to turn over papers that the other spouse needs, not as evidence but as a term of a judgment.

    It's not at all clear to me what documents in one's spouse's possession but not in one's own could be used to remove immigration conditions; but then, I don't practice immigration law. You might benefit from a consultation with attorneys who handle both immigration and family law. There is not a lot of overlap, because immigration, especially, tends to be a highly specialized field. My office does have attorneys who practice in both immigration and family law - you can click here for more information: www.northwestlawoffice.com

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Some spouses who go through a break of the marriage grow exceptionally bitter and refuse to release documents Immigration process, in most circumstances does provide a mechanism for discovery This is why divorce process should be used

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more

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