News Brief

Burke and Caruso Prevail for Minor Immigrant in Pro Bono Guardianship Proceedings

December 5, 2022

James Burke (Partner-White Plains, NY) and Roberto Caruso (Associate-New York) prevailed in a pro bono guardianship case in the Family Court of the State of New York, County of Bronx, for Wilson Elser’s client, a minor immigrant born in Guatemala. Our client entered the United States through Texas in 2020. He was apprehended after entry and released into the custody of his mother, a resident of the Bronx, where he is a high school student in good standing and is desirous of remaining in the U.S.A. All orders of guardianship were granted by the court, along with an order of Special Immigrant Juvenile Status (S.I.J.S.) at the state level based on Wilson Elser’s establishing the client was neglected and abandoned by his father and that it is not in his best interest to return to his native country.  James and Roberto's win cleared the path to file an I-360 petition with the United States Citizenship and Immigration Services office requesting that the minor be granted Special Immigrant Juvenile Status and a stay of the removal proceeding pending before the Executive Office for Immigrant Review. Once the I-360 petition is granted, the minor will be allowed to file an application for adjustment of status (I-485) to lawful permanent resident of the United States.

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