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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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Special Immigrant Juvenile Status (SIJS)

SIJS – Role of Special Findings

What Special Findings DO

  • Allows youth to apply for SIJS

What Special Findings DON’T DO

  • Does NOT guarantee lawful permanent resident status but does provide an eventual pathway to lawful permanent resident status
  • Does NOT provide immigration benefit to parent and/or guardian/custodian
  • IS NOT considered a conviction for immigration enforcement purposes but may impact a parent(s) ability to seek immigration status, benefit or relief from removal
  • Does NOT provide standing for a child to later petition for either parent to receive lawful permanent resident status
  • In the experience of advocates, parents have not been negatively impacted by being named in a SIJS Order. However, there is no guarantee that a SIJS will not be a factor in determining eligibility for immigration benefits and relief.
  • A non-citizen parent will NOT be able to obtain immigration status from the 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 non-citizen 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).

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Special Immigrant Juvenile Status (SIJS)

  • SIJS – Family Court Judge’s Role
  • SIJS – Federal Law Requirements
  • Guidance on Guardianship Matters
  • SIJS – Special Findings Order Form GF-42
  • SIJS – Role of Special Findings
  • SIJS – Challenges & Obstacles
  • Special Immigrant Juvenile Status (SIJS) Slide Presentation

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