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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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        • Article 3 – Juvenile Delinquency
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        • Article 10 – Abuse & Neglect
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FCA Article 10 - Abuse & Neglect

U Nonimmigrant Status

What is U Nonimmigrant Status?

  • Lawful immigration status for immigrant crime victims and certain derivative family members through the granting of a U Visa that:
    • Provides authorization to work lawfully in the U.S.
    • Provides pathway to lawful permanent residence.
    • Enhances law enforcement’s ability to investigate crimes by encouraging non-citizens to report their victimization and seek protection from law enforcement
    • Guidance: USCIS website

Judge’s Role in U Nonimmigrant Status

  • Federal immigration laws explicitly empower federal, state, and local judges to sign U Certifications.
  • Like special findings for SIJS, a family court judge’s certification is a preliminary step to initiate a child’s application process.
  • Immigration authorities [U.S. Citizenship and Immigration Services (USCIS)] have the SOLE authority to determine eligibility.

U Nonimmigrant Status v. SIJS

  • A child in Article 10 proceedings may qualify for both U Nonimmigrant status and SIJS.
  • Many children opt to apply for SIJS because:
    • SIJS generally provides a much faster path to a Legal Permanent Resident (LPR) card.
    • Unlike the U Visa that has a current annual limit of 10,000 approvals per year, there is no limit on the number of SIJS approvals that can be issued by federal immigration authorities on an annual basis.

U Nonimmigrant Status for Parents

  • Parents whose children have been the victims of crime may also be eligible for U Nonimmigrant status as “indirect victims.”
  • See U Visa Law Enforcement Resource Guide p. 7 for guidance on direct and indirect victims.
  • Non-respondent and respondent parents may request certification from the court even if their child is a U.S. citizen.

update later – Click here for a complete training on U Nonimmigrant Status

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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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