Any findings and/or admissions relating to abuse and neglect can be used to deny an immigration benefit or form of immigration relief and may, in certain instances, result in grounds for removal from the United States.
A non-citizen parent CANNOT obtain immigration status from a child who is granted SIJS relief, even if they aren’t the parent accused of abuse/abandonment/neglect.
- Findings are unlikely to be used by immigration against a parent in the future, BUT any admission by a parent to abuse/abandonment/neglect could impact their immigration as it could be admission to a ground of inadmissibility and/or a basis to deny a future immigration benefit (good moral character).
Establishment of paternity is essential in order to protect a child’s right to obtain immigration benefits based on a father’s status in the future.
- Legitimacy of a father, for immigration purposes, requires:
- An action to legitimate child under the law of the child’s or father’s residence or domicile.
- Child must be under 18 at the time of legitimation.
- There must be legal custody with the father at the time of legitimation.
- Natural child of the father.
- A child can also benefit from the citizenship or other immigration status of a parent through adoption and/or natural birth.
- Any allegations (i.e., testimony, findings, admissions, etc.) of marital abuse, unauthorized employment, domestic violence or willful failure to pay child support will result in denial of immigration benefits/relief and likely referral for removal proceedings.
- For example, support testimony that may include work that could be ‘off the books’ or unauthorized.
- When one spouse/parent/child is a US Citizen or LPR and other spouse/child is an immigrant, the spouse or parent may have signed an Affidavit of Support (USCIS Form I-864) on behalf of their spouse, parent or child.
- For State law purposes therefore, an obligation to support already exists.
- The Affidavit of Support grants the sponsored immigrant standing to sue the sponsoring relative for failing to meet his/her obligations for financial support.
- Affidavit of Support is a legally binding contract showing the US government that the “sponsor” (USC/LPR) has adequate financial means to support the immigrant spouse/child.
- The affidavit of support helps ensure that new immigrants will not need to rely on public benefits such as Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families
- The contract is legally enforceable. Moody v. Sorokina, 40 AD 3d 14 (2007)
- The contractual obligation is valid until the immigrant relative becomes a US Citizen or can be credited with 40 qualifying quarters of work in the US.
