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University of Michigan Law School

Marriage

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Immigration Law

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Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher Jan 2004

Sex Determination For Federal Purposes: Is Transsexual Immigration Via Marriage Permissible Under The Defense Of Marriage Act?, John A. Fisher

Michigan Journal of Gender & Law

Part I describes the federal immigration benefits available to spouses of most U.S. citizens and presents the historical and contemporary obstacles that prohibit these benefits from being extended to gays and lesbians. It then addresses DOMA's failure to define "opposite sex," and hence DOMA's failure to indicate whether post-operative transsexuals, or their partners, should be given "spousal status" under current U.S. immigration law. Part II examines traditional and modern notions of sex. It traces state legal approaches to transsexual marriage and ultimately disentangles the formalistic rhetoric that obfuscates the reasoning in those cases. In particular, Part II focuses on a …


Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed. Feb 1951

Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.

Michigan Law Review

In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen.


Aliens-Probationary Period In Naturalization Feb 1931

Aliens-Probationary Period In Naturalization

Michigan Law Review

The petitioner, a Norwegian, who was awaiting a final hearing upon his petition for naturalization, married a Norwegian woman in Windsor, Ontario, believing that their marriage would make it possible for her to enter the United States. Upon application to the American consul they were advised that she would have to wait for a vacancy under the Norwegian quota. The wife could speak no English, they had little money, and the husband believed that his employment depended upon his immediate return to Detroit. In desperation they hired a boat and crossed the St. Clair River to the United States where …