1. Obtain a Green Card in New York Under the SIJS Federal and State Law Framework
This case arose in New York State and was governed by Immigration and Nationality Act (INA) §101(a)(27)(J) and implementing regulations at 8 C.F.R. §204.11.
Because SIJS requires findings from a state court with jurisdiction over minors, proceedings were initiated in New York Family Court pursuant to New York Family Court Act §§661 and 1012.
The strategy required careful alignment of federal immigration requirements with New York child protection standards.
Entry History and Living Situation of the Minors
The brothers entered the United States with their mother on B-2 visitor visas and initially resided with extended family members in Queens.
After the family’s authorized stay expired, no application for extension or change of status was filed, leaving the children without lawful immigration status.
The minors were enrolled in New York public schools and had lived continuously in the state for several years.
Their daily care, education, and financial support were provided exclusively by their mother.
2. Obtain a Green Card in New York Based on One Parent’s Long Term Abandonment
To qualify for Special Immigrant Juvenile Status, the applicant must demonstrate that reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
Under New York law, abandonment includes a parent’s prolonged failure to maintain contact or provide meaningful support.
The attorney identified clear evidence that the children’s father had abandoned them well before and after their relocation to the United States.
Factual Basis for Abandonment Determination
The father remained in the home country and ceased all communication with the children shortly after their departure.
He did not participate in their upbringing, education, or medical decisions and never provided financial assistance.
School affidavits, sworn statements from the mother, and third party declarations confirmed the absence of any parental relationship.
These facts met the abandonment definition under New York Family Court Act §1012(f).
3. Obtain a Green Card in New York Through Family Court SIJS Findings
The attorney filed a petition in New York Family Court requesting specific SIJS predicate findings.
The court exercised jurisdiction over the minors based on their residence and dependency status within New York.
The petition sought determinations required by federal immigration law.
Best Interests Analysis by the New York Family Court
The Family Court found that returning the children to their country of nationality would expose them to instability and lack of parental care.
The court emphasized the minors’ strong academic progress, community integration, and reliance on their mother in New York.
Based on these findings, the court ruled that reunification with the father was not viable due to abandonment and that remaining in the United States was in the children’s best interests.
A written SIJS order was issued in compliance with INA §101(a)(27)(J).
4. Obtain a Green Card in New York Following USCIS SIJS and Adjustment Approval
After receiving the Family Court order, the attorney filed Form I-360 SIJS petitions with U.S. Citizenship and Immigration Services.
Upon approval, applications for adjustment of status were submitted pursuant to INA §245(a).
Federal law expressly permits SIJS beneficiaries to adjust status notwithstanding prior unlawful presence.
Lawful Permanent Residence Outcome
USCIS approved both SIJS petitions without issuing Requests for Evidence.
The subsequent adjustment of status applications were granted, conferring lawful permanent resident status on both brothers.
Through coordinated New York Family Court litigation and federal immigration filings, the siblings were able to obtain a green card and establish a secure future in New York.
28 Dec, 2025
