An interoffice memo from William R. Yates, Associate Director for Operations of U.S. Citizenship and Immigration Services (CIS) was posted this week that offers guidance on adjudication of Special Immigrant Juvenile (SIJ) Status Petitions.

This memo defines a “special immigrant juvenile” as only those persons believed to be eligible for long-term foster care based on abuse, neglect, or abandonment.  The granting of an SIJ petition confers no Federal Government duty or liability to any state child welfare agency.  In addition, any juvenile who changes status through an SIJ classification is able to benefit from lawful permanent residence which includes eligibility to naturalize after five years. 

Two other provisions requiring the consent of the Secretary of the DHS were included.

The first, specific consent (permission granted), to a juvenile court’s jurisdiction over dependency proceedings for a juvenile in DHS custody.  The specific consent must be obtained before the juvenile may enter court proceedings; if not, any order issued by the court will be invalidated.  The second, express consent (request is valid), to the juvenile court’s dependency order serving as a precondition to a grant of SIJ status.  CIS officers arbitrating these cases only need to consider if the juvenile court order satisfies the consent requirements.

USCIS encourages the concurrent filing of the Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and the Form I-485 (Application To Register Permanent Residence or Adjust Status).  Listings of records that must be submitted for documentation requirements of SIJ petitions are included on each form.

USCIS urges juvenile courts to include a finding in the court order that evidence has been provided to establish the best interests of the child not to return to his or her home country.  If not, an SIJ petition cannot be granted.

SIJ applicants are exempt from the following inadmissibility grounds: provisions prohibiting entry of those likely to become a public charge, those without proper labor certification, those without a proper immigrant visa, humanitarian purposes, family unity, or otherwise in the public interest.

When the adjustment process is complete, SIJ applicants must be under the age of 21.  Limited age-out protection, 45 days beyond the applicant’s 21^st birthday, is provided under §424(2) of the USAPATRIOT Act. 

For more information on any of these issues, contact the Operation and Regulations Developments or the Field Operation offices of the CIS.