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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116144
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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LEGAL GUARDIANSHIP OF NJ DISABLED CHILD - PARENTS ILLEGAL IMMIGRANTS... 1.

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LEGAL GUARDIANSHIP OF NJ DISABLED CHILD - PARENTS ILLEGAL IMMIGRANTS...

1. PARENTS ILLEGAL IMMIGRANTS IN NEW JERSEY
2. PARENTS ESTABLISHED NJ RESIDENTS AND CHILDREN HAVE
BEEN IN THE PUBLIC SCHOOL SYSTEM SINCE BIRTH
3. SEVERELY DISABLED DAUGHTER IS 18 AND LEGAL GUARDIANSHIP
MUST BE ESTABLISHED - OTHER THAN CHILD'S BIRTH CERTIFICATE
ETC.

WHAT WILL BE REQUIRED FOR PARENT TO ESTABLISH GUARDIANSHIP OF THIS
CHILD
The main problem here is the parents being illegal immigrants and if they file an action in the court, which they have the right to do, they will likely face deportation from the US and the court will not rule on the guardianship. This is going to require an immigration attorney first to try to deal with the illegal immigration status before anything. If the immigration status cannot be handled, then the parents would not be able to file for the guardianship and there would have to be another relative who is over 18 who would have to apply for the guardianship in the court and file a petition for guardianship over an adult in the court. If the immigration issue can be handled, then the parents can apply for the guardianship in the same manner.

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Customer: replied 5 years ago.

THANK YOU. XXXXX OPEN A CAN OF WORMS WITH IMMIGRATION? DOESN'T GUARDIANSHIP ONLY GETS PROCESSED AT THE COUNTY LEVEL IN NEW JERSEY? WHAT IS REQUIRED TO BE PRESENTED TO ESTABLISH GUARDIANSHIP? IS CITIZENSHIP A REQUIREMENT? I'M THINKING THAT CITIZENSHIP WAS NOT REQUIRED TO REGISTER THE CHILD IN SCHOOL AND TO BE PART OF A FEDERAL ENTITLEMENT PROGRAM SO AS TO OBTAIN SERVICES RELATED TO HER DISABILITY?

Yes, it will open a can of worms for immigration in most cases and you need to be prepared for that. Citizenship proof will be required by the courts. Guardianship is a bit different because the court needs to establish the guardian will be able to care for the child, which they cannot do if they get deported.
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