This Comment analyzes the administration of immigration laws that allow aliens preferred status on the basis of marriage to a U.S. citizen or resident alien. The author explains that recent court decisions have rejected attempts by the INS to require that such marriages be viable. The author argues that because the purpose of preferential treatment based on marriage is to unite the married couple, such treatment should be limited to those whose marriages are viable. The author explores the INS's current use of the viability requirement and examines various court decisions that have limited the use of marriage viability and the policies which justified such limitations. The author argues that Congress should give clear authority to the INS to act in this area, while providing safeguards against interference with privacy rights.
Nancy K. Richins,
The Marriage Viability Requirement: Is It Viable?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss1/8