See Matter of Perez Quintanilla, USCIS
AAO Adopted Decision 07-0005 (June 7, 2007). |
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Additional requirements should be met
but do not need to be included in the court order:
- The alien child must be under 21 and
unmarried. Under immigration law, a
child is defined as under 21 and unmarried. A person between the age of 18 and
21 may qualify as long as the state court extends its jurisdiction and the
applicant has an agreement to remain in custody of the human services agency.
- The Court must continue
jurisdiction. The juvenile court cannot
vacate, terminate, or otherwise end the judicial proceeding. Jurisdiction must continue until the alien
child obtains permanent residence.
- Before submitting the Petition for
Special Immigrant application, it is important to evaluate the possible risk of
deportation if the case is not approved.
- Before submitting the Application to
Adjust Status, it is important to assess whether any grounds of inadmissibility
apply and whether a waiver is available.
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