Modules Archive

Family Court & Immigration Project - Why It Matters

Contact with the Family Courts

Contact with the Family Courts can lead to a range of POSITIVE immigration consequences.

  • The Federal government has assigned state family courts a role in the application process for Special Immigrant Juvenile Status (SIJS) and U Nonimmigrant Status (U Visa).
  • While Family Court Judges have an important preliminary role, federal immigration authorities ultimately decide whether an individual is eligible for SIJS or a U Visa or any other forms of immigration benefits or relief from removal.

Contact with the Family Courts can lead to a range of ADVERSE immigration consequences.

Interaction with the Family Courts can lead to immigration consequences because some consequences are triggered by conduct or admission of conduct and DO NOT require conviction.

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Family Court & Immigration Project - Why It Matters

Discussing Immigration Issues in Court

  • Immigration issues are sensitive and every effort should be made to discuss these issues off-the-record and through counsel, if an attorney is available.
  • Any on-the-record discussion of immigration status could be used against an individual in immigration court to facilitate removal/deportation.
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FCA Article 4 - Child Support

Judicial Challenges in Child Support Proceedings

  • Federal immigration laws will often place restrictions on or will prohibit employment of certain non-citizens.
  • Non-citizens may not have the documentation required for support enforceability and income deductions.
  • Most child support litigants are pro se.
  • If litigants disclose immigration status, support magistrates should not comment, but should remain impartial and decide the case pursuant to the Family Court Act, irrespective of the litigant’s immigration status.
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FCA Article 10 - Abuse & Neglect
Family Court & Immigration Project - Why It Matters
U Nonimmigrant Status Certification
Special Immigrant Juvenile Status (SIJS)
Orders of Protection
Immigration Law Overview
FCA Article 8 - Family Offenses