Asked in Family Law and Immigration Law for New Jersey

Q: Reply by Mar 31.What impact does the decision of the U.S. Department of Homeland Security - U.S.C.I.S. In other words,..

What, if any, evidentiary weight should a New Jersey Superior Court judge give to the federal agency’s revocation of its prior approval of Decedent’s Petition for Alien Relative based on its finding that the marriage between Respondent and the Decedent was a sham marriage?

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Based on the limited information provided, I presume that you are in the process of a divorce or contemplating a divorce and trying to figure out whether a sitting NJ Superior Court family part judge is required to view the marriage as a sham as well for the legal issues presented / to be presented. Anyone who tells you that the judge must view the marriage as a sham as well and cannot consider claims for distribution of assets, support or otherwise (based on the limited information provided) is making a mistake. If you want credible answers to your question, you need to sit down with a family law attorney in a consultation setting so that he can review the details of the marriage, its length, disparity in income settings, promises & reliance issues, etc to give realistic answers.

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