Tag: sij
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On the Limited Role of State Courts in SIJ Applications
From the New York Family Court: This Court would be remiss in not setting forth why it declines to follow the recent opinion of the Supreme Court of Nebraska in Erick M. which, were it binding upon this Court, would require that Mario’s application for special findings be denied. Under the Nebraska Supreme Court’s interpretation…
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SIJ Status Granted on Abandonment
These opinions can be difficult to find, so I’m copying the lengthy relevant language here: Finally, USCIS will consent to a grant of SIJ classification upon a determination that the request is bona fide. See Section 101(a)(27)(J)(iii) of the Act; TVPRA – SIJ Provisions Memo at 3. The director questioned the juvenile court’s finding of abandonment based on evidence…
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SIJ Status Denied Because of Bad Juvenile Court Findings
However, the [Nebraska] juvenile court did not make a finding that the petitioner’s reunification with one or both of his parents “is not viable due to abuse, neglect, abandonment, or a similar basis found under State law,” as required by section 101(a)(27)(J)(i) of the Act. Although the temporary guardianship order indicated that the petitioner “may be…