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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 10 - Abuse & Neglect

Special Immigrant Juvenile Status (SIJS)

  • Federal immigration law empowers family court judges under Article 10 to issue the special findings necessary for a juvenile to apply for Special Immigrant Juvenile Status (SIJS). Source: 8 CFR § 204.11(a).
  • While a family court judge’s special finding allows a juvenile to take a first step toward applying for SIJS, immigration officials are SOLELY responsible for deciding whether a juvenile is eligible for SIJS.

What is Special Immigrant Juvenile Status (SIJS)?

SIJS status allows young people to:

  • Achieve meaningful permanency planning
  • Live and work legally in the U.S.
  • Obtain other critical benefits (e.g., housing and medical care)
  • Seek educational assistance and support
  • Minimize risk of removal from the U.S. and subsequent traumatic separation from family and community

“SIJS” Federal Law Requirements

  • Must be a child (under 21) when SIJS application is filed
  • Must be unmarried
  • Must be:
    • declared dependent on a juvenile court OR
    • committed to/in custody of state agency or individual/entity appointed by state/juvenile court
  • Must be finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law; and
  • Must be finding that it is NOT in the child’s best interest to be returned to child’s or parents’ country of nationality/last habitual residence.
  • See USCIS policy manual

Judge’s Role in Special Findings Applications

  • Special Findings can be:
    • Entered at virtually any point in the proceeding as long as the threshold factual findings are made
    • Entered against one parent
    • Entered against a non-respondent parent
    • Made by a judge or referee
  • Form GF-42: Special Findings Order

  •  Procedure depends on particular judge and the type of proceeding but can involve:

    • Presentation of written motions & legal memoranda
    • Oral testimony, affidavits, documents (birth certificates, death certificates, etc.)
    • Evaluation of court-ordered investigation and background checks
  • Representation
    • By counsel of choosing or Law Guardian/Attorney for the Child, see Family Court Act § 241.
  • Guidance from Advisory Council
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FCA Article 10 - Abuse & Neglect

  • Issues for the Child
    • Special Immigrant Juvenile Status (SIJS)
    • U Nonimmigrant Status
    • Supporting Evidence for VAWA & T Visa
  • Issues for the Respondent
    • Orders of Protection
    • Concurrent Criminal Proceedings
    • Civil Contempt & Incarceration
    • Admissions and Fact Finding
    • Termination of Parental Rights (TPR)
    • Immigration Detention
  • FCA Article 10 Slide Presentation

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