Sacramento Family Law and Immigration Law Attorneys team up to Prevent Foreign Born Children from being Deported
One of the most rewarding types of cases that family law and immigration lawyers can handle are cases that allow undocumented children to remain in the United States. Undocumented children that have been abused, abandoned or removed from their homes are at risk of being placed in foster care and eventually deported. Some are placed in the custody of the state and others are being cared for by legal residents that do not know what to do. These children are not only subject to being detained, arrested and deported, they are unable to obtain lawful employment or attend college. Proper handling by competent family law and immigration attorneys can allow these children to remain in the care of persons that care about the fate of these children.
Federal law allows immigrant children to apply for “Special Immigrant Juvenile Status”, and to obtain a “green card.” This federal law helps undocumented children to obtain legal permanent residency. Children who are eligible for long term foster care due to drug abuse, abandonment or neglect may qualify for Special Immigrant Juvenile Status, allowing them to apply to become lawful permanent residents.
Children do not have to be in the juvenile court system to apply for Special Immigrant Juvenile Status. Instead, family members or friends of these children can apply for guardianship in probate court, and request that the court make special orders that would allow the children to apply for Special Immigrant Juvenile Status.
In order for the probate court to make the special orders, the judge must find the child “eligible for long-term foster care” (which means that it is not possible to reunify the child with a parent). Typically, the parents are not available, having been incarcerated, detained or deported themselves. The judge must also find that it is not in the child’s best interest to be returned to the home country. The person requesting the guardianship must prove that these things are true and must provide evidence to the court at a hearing. Evidence may be provided in the form of a declaration by the child, a declaration by family members, pictures, medical reports, and other evidence. Evidence must be provided when there are claims of abuse, abandonment, and neglect. Evidence must also be provided proving that it is not in the best interest of the minor child to return to his or her home country. The person requesting the guardianship must prove specific incidents of abuse or neglect, conditions in the minor child’s home country, how the child came to be abandoned and the impossibility of family reunification. Finally, the orders must be requested and argued for in a document setting forth the law entitled Memorandum of Points and Authorities. That is why a guardian should have the services of good family law and immigration attorneys to assure success in the courtroom.
Because Bowman & Associates has lawyers and attorneys for all types of law, the family law attorney teams up with the immigration attorney. The family law attorney takes care of the guardianship end of the case and the immigration attorney takes care of processing the paperwork with the Immigration and Naturalization Service (INS). The immigration attorney completes the application and includes the probate court’s order and both are submitted to the INS. The INS will usually decide the case at the time of the interview. If the child applies for this status and is successful, he or she may remain in the U.S., work legally, qualify for in-state tuition at college, and in five years apply for U.S. citizenship. However, if the application is denied, the child might be deported. Because so much is at stake, qualified family law and immigration attorneys are a must. A good result is great for the child and a rewarding experience for everyone concerned, including the attorneys.
The California Immigration Law Attorneys and Sacramento Family Law Lawyers of Bowman & Associates have helped clients across Northern California. If you or someone you know has legal questions regarding these matters, contact our experienced Sacramento Law Office for your free initial consultation. We are here to help!
Sacramento Immigration Attorney Jesse Atwal helps clients across California. If you or someone you know has legal questions regarding immigration issues, Naturalization and Citizenship, real estate law, cases and more, Jesse Atwal is an aggressive advocate for your rights.
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