On November 19, 2019, U.S. Citizenship and Immigration Services announced changes to its Policy Manual section on Special Immigrant Juvenile Status (SIJS) petitions. The changes are effective immediately and apply to cases pending on, and filed on or after, November 19, 2019. This resource briefly summarizes some of the key changes and contains a chart comparing the current version with the previous Policy Manual section on SIJS.
Resources on Special Immigrant Juvenile Status
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As a stakeholder with special expertise on Special Immigrant Juvenile Status, CLINIC submitted comments in response to the Department of Homeland Security’s reopening of the public comment period for the 2011 proposed Special Immigrant Juvenile Petition rule.
This practice alert, co-authored by CLINIC and our partners at Immigration Legal Resource Center, who produced this document, highlights the key take-aways from three recent decisions by the Administrative Appeals Office on Special Immigration Juvenile Status, or SIJS. It includes some of the most important elements of the proposed SIJS regulations for advocates to challenge through comments, and contains an appendix with case summaries of the three decisions by the Administrative Appeals Office.
CLINIC has asked SIJ experts in MD and NY to draft affidavits describing in detail their respective state laws expanding state “juvenile” court jurisdiction from 18 to the age of 20. Advocates should use these affidavits in a creative manner including submission to USCIS in response to Requests for Further Evidence (RFE) or to Immigration Judge to request release from custody. As SIJ-eligible unaccompanied minors face hurdles to release following the February 21, 2017 DHS Border Security Memo, advocates should also consider using these affidavits for those under 18 years of age.