Bay Shore, NY
Immigration Lawyer at Bay Shore, NY
Practice Areas: Immigration
OUTCOME: Appeal granted
Second Department determined that the Famuly Court erred in denying a request to amend a Special Findings Order for a Special Immigrant Juvenile after a change in USCIS requirements.
OUTCOME: Remanded
Since there is no express statutory fingerprinting requirement in a proceeding such as this pursuant to Family Court Act § 661(a) for "[g]uardianship of the person of a minor or infant" (Matter of Mari ... a C.R. v Rafael G., 142 AD3d 165, 171), the Family Court erred in denying the mother's motion based on her failure to comply with the court's directive to obtain fingerprinting.
OUTCOME: Case remanded
Contrary to the Family Court's determination, there is no express requirement to submit documentation pertaining to the Office of Children and Family Services in a proceeding such as this pursuant to F ... amily Court Act § 661(a) for "[g]uardianship of the person of a minor or infant" (cf. Family Ct Act § 661[b]; SCPA 1704[8]).
OUTCOME: Appeal granted
Special Immigrant Juvenile case was improperly denied by a judge.
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