Articles Posted in immigration

Often juvenile immigrants to the United States cannot stay hear legally without going through the special immigration process to get a visa or ultimately US citizenship.  A program was developed by the United States which would facilitate juveniles getting their visa and status in the United States sped up.  The program is called the special immigrant juvenile status program.
This legislation is fairly unique in that it requires the state Court to get involved and examine the eligibility of the these foreign juveniles before they can apply to the federal program. To petition for SIJ you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called “juvenile court”, “family court”, “orphan’s court”, or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children.

A state court in the United States must decide that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and It is not in your best interests to return to your home country (or the country you last lived in) and you cannot be reunited with a parent because of ANY of the following: Abuse, Abandonment, Neglect, Similar reason under state law. 

Interestingly  immigration issues creep into the family areas of practice.  I am a member of the family law section of a Bar section and had a serious debate with other list mates on whether as lawyers our family law approach to life maybe is not our only calling as a lawyer.  Maybe I have been sought after for a greater cause and a much more fulfilling venture in my legal career that really has very little to do with the practice of family law, I thought.  It can be further argued that we as lawyers are constiutionally bound by the great parchment and have a greater calling to deal with other worldly issues of human suffering rather than family law topics.  The big question arises, are we as lawyers MANDATED to fight for social injustice despite our prior emphasis on areas of the practice of law we have done for so many years.  To be socially mandated by the constitution you must have had a definite epiphany in you life which ultimately drive you away from your regular practice of law and drive you to another spectrum that mandates you to fight for the rights of immigrants although legally here in the United States but have been denied entry based on the county they came from.

Is this social injustice?  Is this unfair and unreasonable  restraint on lawfully admitted immigrants?  and ultimately are these the muslim terrorists we are trying to find and not allow entry?  There are many philosophical questions which i must analyze and determine whether the constitution calls for people like me to make a socially conscious attempt to practice immigration law and leave my comfort zone to save other peoples lives and bring them back to Familys.  Because ultimately that is what is going on here .  Familys are being torn apart by arbitrary executive orders that do nothing by polarize the people living in those countries from their loved ones. Is that a Family Law issue.  An executive order enacted by the Executive Branch allegedly to protect the United States while at the same time dividing family up because these people came from countrys that are not our own.  My family law instincts tell me that something doesnt sit right with me.  When the Executive order seems more a arbitrary statement upon a type of faith I realized that it is not inclusive as this is what we expect from our President of the United States not an order that divides and terrorizes people from other countries arbitrarily.

I have concluded that yes This Presidential Executive Order is a Family law order in that it seeks to divide familys and I am a lawyer who tries to unify familys and make them share their live together.  Of Course I should fight for Justice and these people caught in the crossfires of the Trump administration and his racist approach to solving what he thinks is our safety.  Who knows if it will work? I know this people need me and they need my help. Who am I to judge the level of need another human being has toward another.  Everyone under Gods eyes is created equal.  And dont you forget it.

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