Special Findings Applications
- 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
- By counsel of choice or assignment of Law Guardian/Attorney for the Child; see Family Court Act § 241.
What Special Findings DO and DON’T DO
- Allows youth to apply for SIJS
- Does NOT guarantee a Green Card but does provide an eventual pathway to lawful permanent resident (i.e., green card) status
- Does NOT provide immigration benefit to parent and/or guardian/custodian
- NOT considered a conviction for immigration enforcement purposes
- Does NOT provide standing for a child to later petition for either parent to receive a green card
- In the experience of advocates, parents have not been negatively impacted by being named in a SIJS Order. However, under the current administration, there is no guarantee that a SIJS will not be a factor in determining eligibility for immigration benefits and relief.