Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth

Acknowledgements
Table of Contents
Chapter 1: Introduction & Overview
§ 1.1 Introduction and Overview to This Manual
§ 1.2 Lawful Immigration Status and Forms of Immigration Relief Available to Children and Youth
§ 1.3 Immigration System Actors
§ 1.4 Immigration Legal Provisions
§ 1.5 Grounds of Inadmissibility and Deportability and Waivers
§ 1.6 Overview of the Immigration Process for Children and Youth
Chapter 2: Working with Children & Youth
§ 2.1 Introduction
§ 2.2 Understanding a Child or Youth’s Developmental Stage and Background
§ 2.3 General Practice Tips for Developmentally Appropriate Interviews and Working with Children and Youth
§ 2.4 Special Considerations and Practice Tips for Working with Detained Children and Youth
§ 2.5 Avoiding Re-Traumatization
§ 2.6 Ethical Issues in Representing Children
Chapter 3: Introduction & Overview to Special Immigrant Juvenile Status
§ 3.1 Lawful Immigration Status: What Is It and Why Is It Important? The Stories of Julia, Martin, Eduardo, and Ramon
§ 3.2 What Is Special Immigrant Juvenile Status and Who Is Eligible to Become a Permanent Resident Through Special Immigrant Juvenile Status?
§ 3.3 What Are the Benefits of Applying for Special Immigrant Juvenile Status?
§ 3.4 What Are the Risks of Applying?
§ 3.5 Who Should Apply?
§ 3.6 What Is the Application Procedure?
§ 3.7 Expeditious Adjudication
§ 3.8 Talking with the Child Applicant and Child’s Attorney About SIJS
§ 3.9 Natural Parents, or Prior Adoptive Parents, and Maybe Siblings, Cannot Benefit Through Grant of SIJS to Child
§ 3.10 Children in Immigration Custody
Chapter 4: Eligibility for Special Immigrant Juvenile Status
§ 4.1 History and Statutory Authority
§ 4.2 Statutory and Regulatory Requirements
§ 4.3 Under the Jurisdiction of a Juvenile Court: Dependency, Guardianship, Custody, Delinquency, and Adoption
§ 4.4 Reunification with One or Both of the Immigrant’s Parents Is Not Viable
§ 4.5 Due to Abuse, Neglect, Abandonment, or a Similar Basis Found Under State Law: Legal Standards, USCIS Requests for Evidence and Documentation
§ 4.6 Not in the Child’s Best Interest to Be Returned to Country of Nationality or Last Habitual Residence
§ 4.7 Consent to the Grant of SIJS and Specific Consent
§ 4.8 Additional Regulatory Requirements: Age, Continuing Jurisdiction of the Juvenile Court, and Marriage
§ 4.9 Expeditious Adjudication
§ 4.10 Who Should Not Apply for Special Immigrant Juvenile Status: Weighing Affirmative and Defensive SIJS Cases
§ 4.11 How a Special Immigrant Juvenile Can Lose SIJS: Revocation of Approval
Chapter 5: Eligibility for Adjustment of Status to Permanent Residency for Special Immigrant Juveniles
§ 5.1 Statutory Requirements for Adjustment of Status
§ 5.2 Grounds of Inadmissibility and Deportability
§ 5.3 Waivers of Inadmissibility: INA § 245(h)(2)(B) and INA § 212(h)
§ 5.4 Availability of an Immigrant Visa
§ 5.5 Discretion to Grant or Deny Adjustment of Status
Chapter 6: Risks & Benefits of Applying
§ 6.1 Overview
§ 6.2 Pending Affirmative SIJS Cases
§ 6.3 Employment Authorization for Adjustment of Status Applicants
§ 6.4 Limited Eligibility for Public Benefits for Special Immigrant Juveniles
§ 6.5 Benefits of Lawful Permanent Residency Through SIJS
§ 6.6 Risks of Applying in Affirmative SIJS Cases: Placement in Removal Proceedings Based on Denial or Revocation of Status
§ 6.7 People Who Obtain Lawful Permanent Residence Through SIJS Cannot Petition for Natural or Prior Parents to Immigrate; They Can Petition for New, Adoptive Parents
Chapter 7: State Juvenile Courts & Obtaining SIJS Findings in Juvenile Courts
§ 7.1 Dependency Proceedings
§ 7.2 Guardianship Proceedings
§ 7.3 Custody Proceedings
§ 7.4 Adoption
§ 7.5 Delinquency Proceedings
§ 7.6 Obtaining Specific Consent When Needed
§ 7.7 Establishing Juvenile Court Jurisdiction if Not Already Existent
§ 7.8 Deciding When to Request the SIJS Findings
§ 7.9 Determining Who Should Request the SIJS Findings
§ 7.10 Preparing the Proposed SIJS Findings and SIJS Motion
§ 7.11 Presenting the Proposed SIJS Findings and SIJS Motion to the Juvenile Court
§ 7.12 Maintaining the Child’s SIJS Eligibility After the Juvenile Court Has Made the SIJS Findings
Chapter 8: Affirmative Special Immigrant Juvenile Status Cases
§ 8.1 Assessing the Child’s Immigration History
§ 8.2 Determining Which Applications to File
§ 8.3 Understanding the Risks of Applying for SIJS and Helping Your Client Reach an Informed Decision
§ 8.4 General Guidelines for Forms to File in a Special Immigrant Juvenile Status Packet
§ 8.5 Completing Each USCIS Form
§ 8.6 Meeting with the Child to Complete and Review Each Form
§ 8.7 Obtaining Supporting Materials
§ 8.8 Drafting a Cover Page, Cover Letter, and Case Summary
§ 8.9 Assembling the SIJS Forms for Filing
§ 8.10 Filing the SIJS Packet
§ 8.11 Completing the Biometrics Appointment and Obtaining the Work Permit
§ 8.12 Keeping Addresses Current
§ 8.13 Common Adjudication Issues
§ 8.14 Interviews
§ 8.15 Notice of Decision: Approvals, Denials, and Appeals
Chapter 9: Defensive Special Immigrant Juvenile Status Cases
§ 9.1 Immigration Court and Obtaining Copies of the Child’s Immigration Files
§ 9.2 Preparing for the Master Calendar Hearing
§ 9.3 Attending the Master Calendar Hearing
§ 9.4 Filing the I-360 Packet with USCIS
§ 9.5 Keeping Addresses Current
§ 9.6 Obtaining a Decision on the I-360 from USCIS
§ 9.7 Moving to Terminate the Removal Proceedings if Desired
§ 9.8 Obtaining the I-485 Fees or Fee Waiver
§ 9.9 Completing the Biometrics Requirement
§ 9.10 Filing the I-485 Packet with the Immigration Court
§ 9.11 Obtaining a Work Permit
§ 9.12 Preparing for the Merits Hearing
§ 9.13 Attending the Merits Hearing
§ 9.14 The Immigration Judge’s Decision: Approvals, Denials and Appeals
§ 9.15 General Guidelines for USCIS Forms
§ 9.16 Preparing the I-360 Packet for Filing with USCIS
§ 9.17 Preparing the I-485 Packet for Filing with the Immigration Court
§ 9.18 Preparing the I-765 Packet for Filing with USCIS
§ 9.19 Obtaining a Copy of the Child’s Immigration Court File
§ 9.20 Preparing an I-246 Stay of Removal Packet
§ 9.21 Assessing Whether, Where, and When to File the Motion to Reopen
§ 9.22 Preparing the Motion to Reopen
§ 9.23 Convincing ICE to Join the Motion to Reopen
§ 9.24 Filing the Motion to Reopen and Obtaining a Decision
§ 9.25 Completing the Child’s SIJS-Based Adjustment of Status
Chapter 10: U Nonimmigrant Status ("U Visa")
§ 10.1 Overview of Benefits and Eligibility
§ 10.2 Victim and Derivative Beneficiary Definitions
§ 10.3 Victim of Criminal Activity
§ 10.4 Suffered Substantial Physical or Mental Abuse
§ 10.5 Helpful, Has Been Helpful, or Is Likely to Be Helpful in the Criminal Investigation or Prosecution
§ 10.6 Victim of a Criminal Activity That Violated the Laws of the United States or Occurred in the United States
§ 10.7 Admissible to the United States
§ 10.8 Other Documentation Requirements
Chapter 11: Violence Against Women Act Relief
§ 11.1 Overview of VAWA Provisions
§ 11.2 Requirements for VAWA Self-Petitioning Children
§ 11.3 Children of the Self-Petitioner May Qualify for Derivative Status
§ 11.4 VAWA and the Child Status Protection Act (CSPA)
§ 11.5 Conditional Permanent Residence and Abused Immigrants
§ 11.6 Cancellation of Removal for Abused Immigrants
Chapter 12: Asylum, Withholding of Removal and Convention Against Torture Protection
§ 12.1 Overview of Asylum and Related Protections
§ 12.2 Well-Founded Fear of Persecution
§ 12.3 Nexus and the Protected Grounds
§ 12.4 Bars to Asylum and Related Protections
§ 12.5 The Asylum Process
§ 12.6 Withholding of Removal
§ 12.7 Convention Against Torture
Chapter 13: Family-Based Immigration
§ 13.1 Overview of the Family Immigration Process: A Two-Step Process
§ 13.2 Overview of Who Can Immigrate Through Family-Based Immigration
§ 13.3 Definition of “Child” and “Spouse”
§ 13.4 Family Immigration and Adoption
§ 13.5 K Visas for Fiancé(e)s, Spouses, and Children of U.S. Citizens
§ 13.6 The Preference Category Immigration System
§ 13.7 Derivative Beneficiaries
§ 13.8 The Child Status Protection Act (CSPA)
§ 13.9 V Nonimmigrant Visas for Spouses and Children of U.S. Permanent Residents
Chapter 14: Citizenship for Children & Youth
§ 14.1 Introduction to Citizenship
§ 14.2 Overview of Acquisition and Derivation of Citizenship
§ 14.3 Introduction to Acquisition of Citizenship
§ 14.4 Derivation of Citizenship
§ 14.5 Child Citizenship Act of 2000
§ 14.6 Citizenship Under INA § 322: Children of U.S. Citizens Living Abroad
Chapter 15: Human Trafficking & T Visas
§ 15.1 Overview of Human Trafficking
§ 15.2 Benefits from Department of Health and Human Services from Receiving Continued Presence (CP), T Visa, or as an Unaccompanied Minor
§ 15.3 T Visa Eligibility
§ 15.4 Element One: Victim of a Severe Form of Human Trafficking
§ 15.5 Element Two: Physical Presence on Account of Trafficking
§ 15.6 Element Three: Compliance with Any Reasonable Request for Assistance Made by Law Enforcement
§ 15.7 Element Four: Extreme Hardship upon Removal
§ 15.8 Applying for Waivers for Inadmissibility
§ 15.9 Trauma from Trafficking
§ 15.10 Filing the T Visa
§ 15.11 Approval of T Visa
§ 15.12 Responding to Requests for Evidence and Notices of Intent to Deny
§ 15.13 Removal Proceedings and Final Orders of Removal
§ 15.14 Derivative Applications
§ 15.15 Adjustment of Status
§ 15.16 Filing a T Visa, U Visa, SIJS, or Asylum?
Chapter 16: Other Immigration Options
§ 16.1 Overview
§ 16.2 Cancellation of Removal for Lawful Permanent Residents
§ 16.3 Cancellation of Removal for Non-Lawful Permanent Residents
§ 16.4 Motions to Suppress and Challenging Removability
§ 16.5 Voluntary Departure
§ 16.6 Temporary Protected Status (TPS)
§ 16.7 Prosecutorial Discretion and Deferred Action, Including Deferred Action for Childhood Arrivals (DACA)
§ 16.8 Private Bills Passed by Congress
Chapter 17: Immigration Consequences of Juvenile Delinquency & Crime
§ 17.1 Overview
§ 17.2 Immigration Consequences of Juvenile Court Dispositions
§ 17.3 Reason to Believe the Person Engaged in or Assisted in Drug Trafficking
§ 17.4 Drug Abuser or Addict
§ 17.5 Physical or Mental Disorder Posing Threat to Self or Others
§ 17.6 Prostitution
§ 17.7 Finding of Violation of a Domestic Violence Protective Order
§ 17.8 False Claim to U.S. Citizenship
§ 17.9 Other Conduct That May Cause Problems: Violent Offenses, Sex Offenses, and Gang Conduct or Membership
§ 17.10 Discretion to Deny Immigration Relief Based on Juvenile Delinquency
§ 17.11 Immigration Enforcement Actions Against Youth with Records
§ 17.12 Other Potential Consequences of Juvenile Dispositions
§ 17.13 Obtaining Juvenile Records, Sealing and Expunging Records, and Confidentiality Issues
§ 17.14 Youth Convicted as Adults
§ 17.15 Overview of Immigration Consequences of Adult Criminal Convictions
§ 17.16 Immigration Enforcement in Schools and the Juvenile Justice System
§ 17.17 Resources
Chapter 18: Detention of Children & Youth
§ 18.1 Overview
§ 18.2 Apprehension/Arrest, Initial Determinations and Detention Standards
§ 18.3 Detention in ORR Custody
§ 18.4 Detention in DHS Custody
§ 18.5 Seeking Release of Juveniles in Custody
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R
Appendix S
Appendix T
Appendix U
Appendix V
Appendix W
Appendix X
Appendix Y
Appendix Z
Appendix AA
Appendix BB
Appendix CC
Appendix DD
Appendix EE
Appendix FF
Appendix GG
Appendix HH
Appendix II
Appendix JJ
Appendix KK
Appendix LL
Appendix MM
Appendix NN
Appendix OO
Appendix PP
Appendix QQ
Appendix RR
Appendix SS
Appendix TT
Appendix UU
Appendix VV
Appendix WW
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