In re Hei Ting C., 109 A.D.3d 100

SIJS allows certain undocumented children to seek lawful permanent residency via a state court finding of dependency and related factors.
Congress amended SIJS in 2008 to broaden eligibility beyond guardianship/adoption to include dependency or custody arrangements and reunification not viable.
In New York, Family Court may issue findings and declarations to allow SIJS petitions when criteria are met.
Hei Ting C. and Wai C. sought SIJS findings within a Family Court support proceeding with their father after a December 2011 order.
They argued the support order rendered them dependent on the Family Court, making them eligible for SIJS.
The Family Court denied their petitions for special findings; on appeal, the issue was whether a support order can satisfy dependency for SIJS.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does a child support order satisfy SIJS dependency?	Hei Ting/Wai contended dependency exists via support order.	Court held dependency requires guardianship/custody, not support.	No; support orders do not satisfy dependency.

Matter of Ashley W. [Verdele F.], 85 AD3d 807 (2011) (supports dependency via guardianship/adoption)
Matter of Mohamed B., 83 AD3d 829 (2011) (dependency findings tied to custody/guardianship)
Matter of Sing W.C. [Sing Y.C. — Wai M.C.], 83 AD3d 84 (2011) (SIJS dependency standard in guardianship/custody)
Matter of Alamgir A., 81 AD3d 937 (2011) (dependency required by SIJS through custody/guardianship)
Matter of Jisun L. v Young Sun P., 75 AD3d 510 (2010) (SIJS findings based on juvenile court dependency or custody)
Matter of Emma M., 74 AD3d 968 (2010) (dependency framework for SIJS in NY proceedings)
Matter of Trudy-Ann W. v Joan W., 73 AD3d 793 (2010) (guardianship/custody-based SIJS dependency standards)
Antowa McD. v., 50 AD3d 507 (2008) (early SIJS dependency standards related to custody)