Matter of Zambrano

Summary

Addresses recognition of foreign divorce decrees when determining the validity of a marriage supporting an immigrant visa petition.

Holding

(1) A more liberal policy toward divorce, as evidenced by the Divorce Reform Act of 1971, Stat. Ann. 2A:34-1, is now recognized in /slew Jersey. Kazin v. Kazin, Si N.J. 85, 405 A.2(1 360 (1979).

(2) New Jersey now appears to recognize foreign absentee divorces obtained by its residents. Matter of Guzman, 15 I&N Dec. 624 (BIA 1976), overruled in part.

(3) Where the record in visa petition proceedings was unclear whether the Dominican Republic divorce, alleged to constitute proof of the legal termination of the beneficiary's previous marriage and its pronouncement, was for cause or mutual consent, and it was unclear whether the formalities had been complied with, the record is remanded for further proceedings.

Cited authorities

Matter of Guzman, 15 I&N Dec. 624 (BIA 1976)

Notes

While it seems *oddly specific*, given the wide variety of contexts that exist under USCIS, all the different visas they issue (or don't), Zambrano continues to be relevant.