36 Keeping a Family United Last fall, “James” and “Stephanie,” a married couple with a young child, approached Mintz Levin attorney Joe Curtin about a matter that would potentially split their family. James, a foreign national, had previously won a prestigious fellowship and was almost done with his graduate coursework at a local university. Under pertinent regulations, James was required to return to his home country for two years upon completion of his graduate studies. Stephanie and their child, both of whom are US citizens, had no such obligation. Normally, this “two-year home residency requirement” is not a problem for a foreign national and his or her US citizen spouse. However, this case deviated from the norm. Stephanie had been battling a very complicated illness for years and required continuity of care from her US physicians. James and Stephanie, with the assistance of prior counsel, petitioned the US government twice for a waiver of the home residency requirement. The government rejected both petitions. Further complicating the matter, Stephanie was diagnosed with cancer two days before the second rejection. As a result, Stephanie required emergency surgery, other treatment, and even closer monitoring than before. Her medical condition placed the family in a precarious situation: they could either comply with the terms of James’s visa and return to his home country, which would inhibit Stephanie’s continuity of care, or split up. Joe brought this matter to the attention of attorneys Susan Cohen and Ari Stern along with attorneys Erin Brummer and Cassie Ramos, as well as project analyst Caroline Puckowski. The Mintz Levin team developed a compelling letter brief which analyzed the hardship Stephanie would face if (a) James went back to his home country, leaving Stephanie to care for herself and her son, or (b) the whole family went to James’s home country, where Stephanie might not qualify for health insurance, and by extension, would not receive proper medical care. Upon review of Mintz Levin’s advocacy, the government granted a waiver of the two-year home residency requirement. James may now remain in the United States, and Stephanie, consequently, is not forced to decide between her husband and her health. Kids in Need of Defense (KIND) Mintz Levin attorney Ben Hincks first met “Chris” through a mentorship program at the Citizen Schools Eighth Grade Academy Writing Program. As the two of them spent more time together, Ben learned that Chris, a 17-year-old originally from the Dominican Republic, had come to the United States as an undocumented immigrant eight years ago with his younger sister, “Carla.”They were coming to live with their father, also an undocumented immigrant. When Chris and Carla arrived, their father took them to Massachusetts to live with his then-girlfriend. Soon, Chris and Carla were moved to another girlfriend’s apartment, where they spent close to eight years. During this time, Chris’s and Carla’s father disappeared for extended periods of time, while the girlfriend that they lived with cared for them. This became so routine that their father’s now ex-girlfriend became their new legal guardian. Spending more time with Chris through Eighth Grade Academy, Ben also met “John,” Chris’s “Big Brother” from the Big Brother Big Sister Program. Chris and John were extremely close. So much so that John had become a father figure to Chris and had offered to be Chris’s legal guardian. Ben wanted to help, so with the assistance of attorney Wynter Lavier and project analyst Ana Lopez, the Mintz Levin team got Chris’s legal guardianship transferred to his “Big Brother” John. Chris now happily lives with John and his family. Carla, who has grown close to her father’s ex-girlfriend, remains in her care but sees her brother several times a week. In addition, Ben, Wynter, and Ana have been working to help the siblings obtain Special Immigrant Juvenile Status so they can eventually become US citizens. After prevailing at Probate and Family Court by demonstrating that Chris and Carla have been abandoned and neglected, they are now in the process of submitting petitions to United States Citizenship and Immigration Services to achieve that status.