Saturday, January 28th, 2017

LSC Advisory Opinion

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"Question Presented

In a situation in which an applicant is an ineligible alien, but has a U.S. citizen child, may an LSC recipient provide legal assistance to either the ineligible alien parent or the eligible child when the assistance would have the result of benefitting the citizen child?

Brief Answer

A recipient may generally not accept as a client and provide legal assistance to an ineligible alien simply because the legal representation will be of benefit to the ineligible alien applicant’s U.S. citizen child. Similarly, if the citizen child does not have a legally cognizable claim in his/her own right, a recipient may not accept the child as a client in order to pursue a claim belonging to the ineligible alien parent. However, in situations in which the citizen child has his/her own legally cognizable claim, a recipient may accept as a client and provide legal assistance to a financially eligible U.S. citizen child, even though the assistance