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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 3 - Juvenile Delinquency

Sealing Family Court Records

N.Y. Fam Ct Act § 381.3 protects a juvenile’s records from disclosure.

  • JD and PINS records must be sealed: Youthful Offender & Sealing: NY Criminal Procedure Law § 720.35.
  • No exception exists to disclose this information to immigration authorities without a family court order.
  • Note: If a juvenile applies for an immigration benefit (citizenship, LPR card, etc.) they may STILL be asked to submit sealed records and can be denied a benefit based on this information. See USCIS form I-485 application instructions, p14.
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FCA Article 3 - Juvenile Delinquency

  • Opportunities for Immigration Status
  • Consequences of JD for Immigration
  • Sealing Family Court Records
  • Padilla in Delinquency Proceedings
  • Additional Resources Related to Delinquency
  • FCA Article 3 Slide Presentation

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