New York: Child in child support proceeding not eligible for SIJ findings

The New York Appellate Division has ruled that a child subject to child support proceedings is not sufficiently “dependent on a juvenile court” to allow a special immigrant juvenile best interest order to issue. The court reasons that child support proceedings are actually monetary suits between the parents, and create no jurisdiction over the child’s care or custody. The court says the child is free to pursue other avenues (“albeit more protracted”) of permanent residency. In re Hei Ting C., 969 N.Y.S.2d 150 (N.Y. App. Div. 2013)

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