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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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FCA Article 8 – Family Offenses

This module provides information on how Family Offense proceedings may impact immigrant petitioners and respondents.

Family Court Act Article 8

  • Family Court decisions impact the safety of family members and may support humanitarian relief under federal law to immigrant crime victims.
  • Article 8 sets forth specific family offenses which if proved can lead to the issuance of an order of protection (aka restraining order in other jurisdictions).
  • Orders of Protection have possible benefits and consequences to the immigration statuses of petitioners and respondents.
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FCA Article 8 - Family Offenses

  • Issues for the Respondent
    • Orders of Protection
    • Civil Contempt & Incarceration
    • Concurrent Criminal Proceedings
  • Issues for the Petitioner
    • U Nonimmigrant Status Certifications
    • Process of U-Certification Issuance
    • U Certification Requirements
    • Why Timely U Certification Matters
    • SIJS v. U Visa
    • Special Immigrant Juvenile Status (SIJS)
    • Supporting Evidence for VAWA
  • FCA Article 8 Slide Presentation

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