Legal Question in Immigration Law in Massachusetts
special immigrants under legal guardianship
can a 17 year old under the guardianship of an aunt qualify for special immigrant juvenile status.her parents are all deceased and has noone to take care of her.
1 Answer from Attorneys
Re: special immigrants under legal guardianship
NO. In order to be classified as a special juvenile for immigration purposes, the 17 year old
(1) Must has been declared dependent upon a juvenile court in the United States or who such a court has legally committed to, or placed under the custody of, an agency or department of a state and who has been found eligible for long-term foster care; and
(2) Has been the subject of administrative or judicial proceedings in which it was determined that it would not be in the juvenile's best interests to be returned to the juvenile's or his/her parent's country of nationality or last habitual residence.
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