IN THE MATTER OF * IN THE
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NAME OF CHILD * CIRCUIT COURT
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* FOR PRINCE GEORGE’S COUNTY
PETITION FOR GUARDIANSHIP *
OF THE PERSON OF INFANT MINOR * Case No.
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PETITION FOR GUARDIANSHIP OF THE PERSON OF INFANT
MINOR AND APPROVAL OF FACTUAL FINDINGS TO PERMIT MINOR’S
APPLICATION FOR SPECIAL IMMIGRANT JUVENILE STATUS
TO THE HONORABLE JUDGE OF SAID COURT:
NAME OF PETITIONER, by and through his undersigned attorney, Christina Wilkes, files this petition for Guardianship of an Infant Minor and respectfully requests that this Court make the necessary factual findings to enable the Minor to petition U.S. Citizenship and Immigration Services (USCIS) for Special Immigrant Juvenile Status (SIJS) pursuant to Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J), 8 C.F.R. § 204.11.
The Petitioner respectfully represents unto this Honorable Court the following:
1. That the Petitioner, NAME OF PETITIONER (age 35) is the Minor’s brother. He resides at: ADDRESS, telephone number NUMBER. He is employed as a painter for X. He lives with two of their other brothers, BROTHER 1 (age 36), who also works as a painter for X, and BROTHER 2 (age 30). They each earn approximately $14,000 a year and all contribute to household expenses, including caring for D.
2. That the child who is the subject of these guardianship proceedings is NAME OF MINOR CHILD (“D”), a 15-year-old male who was born on DATE to NAME OF MOTHER and NAME OF FATHER in PLACE.
3. That there is no instrument nominating a guardian or power of attorney for the minor child, NAME OF CHILD, nor has any court appointed a guardian or conservator for this minor child.
4. That the child has been residing with the Petitioner, NAME OF PETITIONER, since MONTH YEAR. Together they live at ADDRESS, telephone number NUMBER.
5. That the Petitioner is married and has four children, all of whom reside in COUNTRY. Petitioner is financially and emotionally fit to provide for both his wife and children and the infant minor, NAME OF MINOR CHILD.
6. That the Minor, NAME OF MINOR, is not married.
7. That the natural mother of D is NAME OF MOTHER. D’s mother currently lives in ADDRESS.
8. That the natural mother is unable to care for the Minor Child because she does not have the financial means to provide D with basic necessities and ensure that he receives an education.
9. That the natural father of D is NAME OF FATHER. D’s father currently lives in ADDRESS.
10. That the natural father is unable to care for the child because he does not have the financial means to provide D with basic necessities and ensure that he receives an education.
11. That it is in the Minor Child’s best interest that this Guardianship be granted and that he remain in the care of the Petitioner because his natural parents have neglected him. Moreover, absent Guardianship, the Minor Child will be without any adult person, either in the United States or in his native COUNTRY, who can prioritize D’s welfare, including his education and investment into his future.
12. That although D is presently an undocumented child, he meets the eligibility requirements for Special Immigrant Juvenile Status (SIJS) under the Immigration and Nationality Act and applicable regulations and that it is in the Minor Child’s best interests to petition USCIS for SIJS.
13. That under the Immigration and Nationality Act, D cannot file his petition for SIJS with USCIS until this Court, as the Court having jurisdiction over D and his Guardianship, makes the following factual findings establishing his eligibility to submit the petition.
a. That this Court has jurisdiction under Maryland law to make judicial determinations about the custody and care of juveniles within the meaning of Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(i) and 8 C.F.R. § 208.11(a), (c). D will remain under this Court’s jurisdiction until he reaches age 21, including the period of the pendency of his application for Special Immigrant Juvenile Status and Adjustment of Status.
b. That D is legally committed to, or placed under the custody of, an individual or entity appointed by a State or juvenile court located in the United States within the meaning of INA section 101(a)(27)(J), 8 U.S.C. § 1101(a)(27)(J).
c. That reunification with one or both parents of D’s parents is not viable due to abuse, neglect, or abandonment or similar basis under state law under INA Section 101(a)(27)(J), 8 U.S.C. § 1101(a)(27)(J).
d. That it is not in D’s “best interest” to be returned to his previous country of nationality or country of last habitual residence within the meaning of Section 101(a)(27)(J)(i), and 8 C.F.R. 201.11(a), (d)(2)(iii).
14. That the name and address of the person with whom the Minor Child resides at ADDRESS are as follows:
a. NAME, Petitioner and brother, age 35;
b. NAME, brother, age 36;
c. NAME, brother, age 30.
15. That the names and addresses of interested persons as defined in Section 13-101(j) of the Estates and Trusts Article and the nature of their interest are as follows:
a. NAME, Petitioner and brother of Minor, ADDRESS, telephone number NUMBER;
b. NAME, Minor child, ADDRESS, telephone number NUMBER;
c. NAME, Mother of Minor Child, ADDRESS, #;
d. NAME OF FATHER, Father of Minor Child, ADDRESS, #.
16. That the names and address of persons to whom correspondence can be sent and service can be made concerning this matter are as follows:
a. NAME, brother of minor, ADDRESS, telephone number #;
b. MINOR CHILD, the Minor child, ADDRESS, telephone number #;
c. Name, ADDRESS, telephone number #.
17. That there is no property in which the Minor has an interest.
18. That the minor is not represented by an attorney in this matter.
WHEREFORE, the Petitioner prays that this Honorable Court grant the following relief:
A. Issue a Judgment placing the person of NAME OF MINOR, an infant minor, under the Guardianship of Petitioner subject to future modifications by this Court;
B. Issue an order making the factual findings necessary to enable the child to petition U.S. Citizenship and Immigration Services for Special Immigrant Juvenile Status; and
C. Award him such other and further relief as the nature of his cause may require.
Dated this ______day of ______, 2013.
Respectfully submitted,
Christina Wilkes, Esq. NAME
Grossman Law, LLC ADDRESS
110 N. Washington Street, Suite 350 ADDRESS
Rockville MD, 20850 #
(240) 403-0913
Petitioner
Attorney for Petitioner
I, NAME, Petitioner, do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing Petition are true and correct to the best of my knowledge, information, and belief.
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NAME, Petitioner
I HEREBY CERTIFY that I am an attorney duly admitted to practice law in Maryland
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Christina Wilkes, Esq.
I, Christina Wilkes, Esq., Attorney for Plaintiff, further certify that I have complied with MD Rule 1-322.1; there is no impermissible identifier information included with this filing.
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Christina Wilkes, Esq.
IN THE MATTER OF * IN THE
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NAME OF MINOR CHILD * CIRCUIT COURT
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* FOR PRINCE GEORGE’S COUNTY
PETITION FOR GUARDIANSHIP *
OF THE PERSON OF INFANT MINOR * Case No.
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ORDER APPOINTING A GUARDIAN OF THE PERSON OF A MINOR
Upon consideration of the Petition for Appointment of a Guardian of the Person of NAME OF MINOR CHILD, a Minor Child, and having conducted a hearing and determined that neither parent of the minor is serving as guardian and no testamentary appointment of a guardian of the person of the minor has been made, and finding that it is in the minor’s best interest to appoint a guardian of the person of the minor, it is this _____ day of ______, 2013 by the Circuit Court for Prince George’s County, Maryland,
ORDERED, that pending further Order of the Court, NAME OF PETITIONER, whose address is ADDRESS, and whose telephone number is NUMBER, shall be appointed Guardian of the Person of NAME OF MINOR CHILD, provided that such appointment shall not be considered a waiver of any tuition that may be assessed by the Prince George’s County Public Schools, and provided further that such appointment shall not be used to determine any requested school transfer within the Prince George’s County Public School System; and it is further,
ORDERED, that the requirement for a guardian’s bond is waived; and it is further
ORDERED, that the Clerk of the Court is hereby authorized to furnish two (2) true test copies of this Order to the petitioner(s).
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Judge
IN THE MATTER OF * IN THE
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NAME OF MINOR CHILD * CIRCUIT COURT
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* FOR PRINCE GEORGE’S COUNTY
PETITION FOR GUARDIANSHIP *
OF THE PERSON OF INFANT MINOR * Case No.
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ORDER REGARDING MINOR’S ELIGIBILITY FOR
SPECIAL IMMIGRANT JUVENILE STATUS
Upon the foregoing Petition and Memorandum, and upon all the pleadings, testimony, and prior proceedings herein, on this ______day of ______, 2013
THE COURT FINDS that the child NAME OF CHILD was born on DATE in COUNTRYand is a citizen and national of COUNTRY.
THE COURT FURTHER FINDS that this Court has jurisdiction under Maryland law “to make judicial determinations about the custody and care of juveniles” within the meaning of Section101(a)(27)(J) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §1101(a)(27)(J), and 8 C.F.R. §204.11(a).
THE COURT FURTHER FINDS that MINOR CHILD is legally committed to, or placed under the custody of, an individual or entity appointed by a State or juvenile court located in the United States within the meaning of INA Section101(a)(27)(J), 8 U.S.C. §1101(a)(27)(J).
THE COURT FURTHER FINDS that reunification with one or both of MINOR CHILD’S parents is not viable due to abuse, neglect or abandonment or similar basis found under state law under INA Section101(a)(27)(J), 8 U.S.C. §1101(a)(27)(J).
THE COURT FURTHER FINDS that it is not in MINOR CHILD’S best interest to be returned to his or his parents’ previous country of nationality or country of last habitual residence – COUNTRY – within the meaning of Section101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(27)(J), and 8 C.F.R. §204.11(d)(2)(iii). It is in CHILD’s best interest to remain in the United States. CHILD’s mother and father neglected him by failing to adequately provide for his basic needs. They withdrew CHILD from school after the 6th grade and forced him to work full-time in the dangerous and physically demanding profession of farming. Despite his labor, CHILD never received any income; his mother and father retained all of his earnings. Because of his parents’ neglect, CHILD had no possibility of continuing his education beyond the 6th grade and no chance at a decent future. Because there is no place in COUNTRY where CHILD could live where he would receive proper care and an education, it is in his best interest to remain in the United States in the care of his brother, PETITIONER, who has been caring for him since MONTH, YEAR.
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Date JUDGE