The United States’ immigration legal framework regulates the flow of people into the country by generally requiring some type of connection between the intending immigrant and an individual or business already present in the United States. One of the primary features of the Immigration and Nationality Act (INA) is that the individual or business must “petition” for the intending immigrant’s admission into the country as a lawful permanent resident. In the case of an individual petitioner, the petition must be predicated on a preexisting familial relationship. However, the INA strictly limits the universe of family members who may petition for an intending immigrant through its definition of the concepts of “family” and “spouse.” This Article will focus exclusively on the “spouse” category and the interpretation of “marriage” within the immigration legal framework, including how the term has been defined and limited throughout time, as well as the legal effects of those limitations.
Law Journal for Social Justice
Jefferies, R, ‘One of These Things is Not Like the Other: An Analysis of Marriage Under the Immigration and Nationality Act’ (2012) 3 Law Journal for Social Justice 47
Subjects - Topical (LCSH)
Emigration and immigration law--Australia; Marriage law--Australia
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