The Fifth Circuit has upheld the denial of SIJS petitions by USCIS, finding that the Texas state court orders for child support for individuals over the age of 18 were not the equivalent of the necessary “care and custody” rulings required for SIJ status. 

The full text of Budhathoki v. Nielsen can be found here: 

http://www.ca5.uscourts.gov/opinions/pub/16/16-51449-CV0.pdf

Comment