Court Dependent

Green Cards > Employment Green Card > Court Dependent

The applicant must be a child declared dependent by a U.S. juvenile court; or who that court has committed to the custody of a state agency or department and who has been deemed eligible by that court for long term foster care due to abuse, neglect, or abandonment.

An applicant must also receive a determination from a judicial or administrative body that it is in his/her best interests not to be returned to his/her country of his/her parents’ country.  Note that juveniles in immigration custody must receive permission from the Department of Homeland Security (DHS) before dependency proceedings, or the court’s order will be considered invalid.  This requirement does not apply to children declared dependent before 1997.  If the applicant is not in DHS custody and does not have an order of removal, than a juvenile court can decide custody without DHS permission.  The dependency process must be initiated for the purpose of getting relief from abuse, neglect, or abandonment, not for the sole purpose of gaining immigrant status.

Regarding (2) above, a child is eligible for long-term foster care if he/she is under 21 years old, unmarried, and a juvenile court determines that family reunification is not possible.  A child who has been adopted or placed in guardianship is still eligible for foster care for the purposes of gaining EB-4 status.  The government has a process to expedite cases so that applicants do not “age out” (turn 21 before they have adjusted their status).

Note that an approval may be revoked if any of the following occur before the applicant has adjusted status or entered as a special immigrant:

• Applicant turns 21 years old;
• Applicant marries;
• Applicant ceases to be dependent or eligible for long-term foster care;
• Judicial or administrative body determines that it is in the best interest of the applicant to be returned to his/her country or that of his/her parents.

Significantly, an applicant in this category can adjust status to permanent residence even if he/she was out of status previously or came into the U.S. without inspection, i.e. illegally.

The applicant must provide the following proof, in addition to filing a I-360 form:

• Court order declaring dependency;
• Court order stating the applicant is eligible for long-term foster care due to abuse, neglect, and/or abandonment;
• Determination that it is in the applicant’s best interest not to be returned to his/her home country, or the home country of his/her parents
• Proof of the applicant’s age