Tuesday, December 4, 2012

Can someone with Temporary protected status be a guardian for special immigrant juvenile status?

Q: My nephew came to the US and neither of his parents can or will take care of him. He is 15 and I heard about special imm juvenile where the family court orders me the guardian but can I be the guardian in NY. I am not a citizen or even a resident but have TPS???
Asked 3 days ago in Immigration

David’s answer: To qualify for SIJS, you would need to file for guardianship of him and have the Court declare that his parents legally abandoned him. His parents would need to be served with that petition. The fact that you are TPS MAY be a factor the Court will consider. The Judge in your case would be rightly concerned about what happens with this child if, prior to him reaching 18, you lose your TPS and then the child no longer has a guardian (as you would be legally obligated to leave the country).  -- David Bliven

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