RESIDENT ALIEN MUST BE UNDER 21 & UNMARRIED
The petitioner in Matter of Elena G.R. sought to be appointed the guardian of a child and moved for an order “making specific findings,” so that the kid could seek “special immigrant juvenile status,” (or SIJS), from the United States Citizen and Immigration Services. After the Nassau County Family Court denied that request, and dismissed the petition, an appeal to the Appellate Division, Second Department, followed.
In its decision, the AD2 noted that federal law (with respect to SIJS status) requires that the “resident alien,” must be “under 21 years of age, unmarried, and dependent upon a juvenile court or legally committed to an individual appointed by a state or juvenile court. Additionally, a court must find that reunification "with one or both of the juvenile's parents is not viable due to parental abuse, neglect, abandonment, or a similar basis found under state law … and that it would not be in the juvenile's best interests to be returned to his or her native country or country of last habitual residence.”
While she was under 21, since this young person happened to be married, the AD2 let the denial and dismissal stand.
There goes the bride.
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DECISION