In the Matter of Nuria D. Z. P. (Anonymous)
Categories
Attorneys and Parties
Brief Summary
Family and immigration law issue involving whether a Family Court should make findings necessary for a child to seek special immigrant juvenile status (SIJS) from the United States Citizenship and Immigration Services (USCIS) under 8 USC § 1101(a)(27)(J) [defining a special immigrant juvenile as a noncitizen under 21 and unmarried who is dependent on a juvenile court or committed to a court-appointed individual, where reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar state-law basis, and return to the home country is not in the child's best interest].
The Family Court granted the father's guardianship petition but denied his motion for an order making SIJS-related findings.
The Appellate Division reversed the order denying the SIJS findings motion and granted the requested findings.
After independently reviewing the record, the Appellate Division found that reunification with the mother was not viable because of parental abandonment and that returning the child to El Salvador would not be in her best interest.
Background
The father filed a guardianship petition in March 2025 seeking appointment as guardian of his daughter and also requested an order containing findings needed for the child to apply for special immigrant juvenile status (SIJS). After a hearing, the Family Court appointed the father as guardian but refused to issue the requested SIJS findings.
Lower Court Decision
The Family Court, Nassau County, granted guardianship to the father but denied the motion for SIJS findings, thereby preventing the child from using the state-court order to petition the United States Citizenship and Immigration Services for SIJS.
Appellate Division Reversal
The Appellate Division reversed on the facts and granted the father's motion for SIJS findings. It specifically found that reunification of the child with her mother was not viable due to parental abandonment and that it would not be in the child's best interest to return to El Salvador, her prior country of nationality and last habitual residence.
Legal Significance
The decision reinforces that New York appellate courts may independently review a complete record in SIJS cases and make the required factual findings themselves. It also confirms that parental abandonment and a demonstrated risk or hardship associated with returning to the child's home country are sufficient bases for SIJS predicate findings under 8 USC § 1101(a)(27)(J) and 8 CFR 204.11 [federal regulation implementing SIJS requirements].
When the record supports abandonment by one parent and shows that return to the child's home country is not in the child's best interest, the Family Court should issue SIJS predicate findings, and the Appellate Division will reverse a denial and grant those findings if the evidence is sufficient.