Special Immigrant Juvenile Status (SIJS) Jessica Shulruff Senior Attorney Lucha Program Americans for Immigrant Justice

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1 Special Immigrant Juvenile Status (SIJS) Jessica Shulruff Senior Attorney Lucha Program Americans for Immigrant Justice

2 Overview of Special Immigrant Juvenile Status (SIJ) Form of immigration relief for children who have been declared dependent by a juvenile court due to abuse, abandonment, neglect or other similar basis under state law Immediately eligible for legal permanent residency Child cannot assist parents with immigration status even the nonoffending parent in one-parent SIJ cases Statutory authority: INA 101(a)(27)(J). Statute is implemented by regulations at 8 CFR

3 SIJ Definition The juvenile is dependent on a juvenile court or the juvenile court has committed or placed the juvenile into custody of an agency or department of the state, or to an entity or individual appointed by a State or juvenile court; Reunification with 1 or both parents is not viable due to abuse, neglect, abandonment, or other similar basis found under State law; AND It is not in the juvenile s best interests to return to his or her country of residence, or his or her parent s country of residence

4 Current SIJ Eligibility Requirements 1) Is under twenty-one years of age; 2) Is unmarried; per 8 CFR ) Has been declared dependent upon a juvenile court or committed to or placed under the custody of an agency or department of a State; 4) Has been deemed eligible by the juvenile court for long-term foster care due to neglect, abandonment or abuse; 5) Continues to be dependent upon the juvenile court and eligible for long-term foster care in that reunification with parents is not viable; and 6) Juvenile court has determined that it is not in the young person's best interest to be returned to the country of nationality or last residence.

5 What do I need from the state juvenile court to apply for SIJ status? Best Interest Order (BIO) Must contain elements to establish eligibility for SIJ status, including that: 1) Reunification with one or both parents is not a viable option and 2) It is not in the child s best interest to be returned to his or her home country. BIO should contain a concise, detailed summary of the underlying facts of abuse, abandonment, or neglect.

6 Things to consider before filing SIJ Is my client in removal proceedings? Consider filing a motion to terminate removal proceedings Does my client have an order of removal? Consider filing a motion to reopen with the immigration court Do any grounds of inadmissibility apply to my client? Does my client have any criminal convictions? Charged as a juvenile or adult?

7 Filing SIJ with USCIS Form I-360 with supporting docs (if filing for SIJ only) Identity documents Best Interest Order No fee for the I-360 SIJ One step: filing for SIJ and lawful permanent residency together- Form I-360 Identity documents Best interest Order Form I-485 Form I-765 (should file for work permit for all children to obtain social security card) Form I-912 Request a fee waiver Form G-325 Medical exam Passport photos Order of termination (If client was previously in removal proceedings)

8 Interview USCIS has the discretion to waive the interview Officer verifies the information on the application Officer does not make a determination as to abuse, abandonment, or neglect.

9 Waivers for Grounds of Inadmissibility SIJs are exempted from several grounds of inadmissibility, including: INA 212(a)(4) (Public Charge) INA 212(a)(5)(A) (Labor Certification) INA 212(a)(7)(A) (Lack of Valid Entry Documentation) INA 212(a)(6)(A) (Present Without Admission or Parole)* INA 212(a)(6)(C) (Document Fraud and Misrepresentation, including false claim to U.S. citizenship)* INA 212(a)(6)(D) (Stowaway)* INA 212(a)(9)(B) (Unlawful Presence)* See INA 245(h)(2). *The TVPRA added waivers for these grounds of inadmissibility.

10 Criminal Issues Like all other applicants for adjustment of status, SIJ applicants may be inadmissible if they have been convicted of any number of adult offenses, e.g., a crime of moral turpitude and drug related offenses. This analysis is complicated and there may not be any waivers available. Juvenile delinquency adjudications and youthful offender adjudications are not considered convictions for immigration purposes. See Matter of Devison, 22 I&N Dec (BIA 2000); Some juvenile adjudications, however, may be trigger inadmissibility grounds under the conduct grounds watch out for drug offenses, especially drug trafficking! A history of delinquencies may serve as negative evidence in the discretionary phase of SIJ adjustment. It must be mitigated by positive equities.

11 How to advocate for detained survivors of human trafficking My client has been apprehended and is detained, now what?

12 Locate your client All individuals in ICE custody can be located through the ICE detainee locator ( The following information is required for location: Name, A#, and country of origin or Name, date of birth, and country of origin

13 Assess the situation Is your client already cooperating with law enforcement? Get the LEA involved in advocating for your client s release Has an application for relief already been filed? If filed with VSC, contact deportation officer and request that she/he ask VSC to make a prima facie determination or bona fide determination (in T visa context) What equities does your client have? Children who are USC/LPRs? Health conditions Currently a witness in a pending investigation/prosecution?

14 File a release request Make legal arguments using ICE s own prosecutorial memorandums that your client merits release from detention Policies for the Apprehension, Detention and Removal of Undocumented Immigrants November 20, 2014 Lists ICE s new priorities- if your client is not a priority argue for release Instructs ICE not to expend resources on detaining individuals with severe physical/mental health conditions Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs ICE should not detain certain victims of crime ICE should not detain those who are plaintiffs in pending civil litigation or witnesses in a pending criminal investigation and/or prosecution

15 Submit evidence to support your arguments Medical records (request records from the facility itself) Documentation related to victimization If application for relief already filed submit receipt/proof of filing Submit sponsor documentation to indicate that your client has some place to live if released Notarized letter from a USC/LPR sponsor Copy of photo ID Proof of lawful status Proof of address (electricity bill, cable bill, etc.)

16 Know the chain of command Every person who is detained is assigned a deportation officer (DO) All documentation and release requests should be submitted to the DO If denied, continue up the chain: Supervisory Detention and Deportation Officer (SDDO) Assistant Field Office Director (AFOD) Field Office Director (FOD) ICE Headquarters, involve your congressperson, the media, etc. BE PERSISTENT!!