The petitioner sought classification as a special immigrant juvenile pursuant to INA 203(b)(4) after entering without inspection. The appeals office held that where a juvenile court appointed a guardian for the beneficiary, the petitioner is not precluded from a finding that the beneficiary is dependent on the juvenile court. Since the court specifically found that it would not be in the beneficiary’s best interest to be returned to his country of nationality, the appeal was sustained (AAO Dec. 27, 1994).
National Immigrant Women's Advocacy Project