Virginia Court of Appeals Considers SIJ cases in June
The federal program, Special Immigrant Juvenile Visa Program, is a current path to lawful permanent residency for children who have experienced neglect, abuse or abandonment by a parent and who cannot return to their home countries. To obtain lawful permanent residency requires the child to obtain an Order in his state court prior to filing with USCIS. The Order typically places the child in the custody or adoptive placement of another parent or a third party. Additionally, the Order makes findings of fact (SIJ Findings of Fact) which permit the child to then file for a green card with USCIS. There is great disparity among states, and even among counties within a state, as to whether to issue the SIJ Order. The Virginia Court of Appeals is considering these questions this month and the outcome of the two cases on appeal will determine the availability of SIJ status for children in Virginia. The core issue currently plaguing the Virginia courts is a debate surrounding whether local...