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

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


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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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:

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:

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Carl Michael Shusterman

Carl Michael Shusterman


Good answer


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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