USCIS Policy Alert – Policy Manual Special Immigrant Juvenile Status and Adjustment of Status (June 10, 2022) [pdf]
USCIS policy alert discussing updates to the SIJS policy manual. Highlights include:
• Confirms that USCIS relies on the expertise of the juvenile court in making child welfare decisions and does not reweigh the evidence to determine if the child was subjected to abuse, neglect, abandonment, or a similar basis under state law.
• Clarifies that in order to consent to the grant of SIJ classification, USCIS must review the juvenile court order(s) and any supplemental evidence submitted by the petitioner to conclude that the request for SIJ classification is bona fide.
• Explains that the evidentiary requirements for DHS consent include the factual basis for the required juvenile court determinations, as well as the relief from parental abuse, neglect, abandonment, or a similar basis under state law granted or recognized by the juvenile court.
• Provides that relief from parental maltreatment may include the court-ordered custodial placement, the court-ordered dependency on the court for the provision of child welfare services, and/or other court-ordered or court-recognized protective or remedial relief.
• Explains that the evidentiary requirements for establishing the age of an SIJ petitioner include a petitioner’s valid birth certificate, official government-issued identification, or any other document that in USCIS’ discretion establishes the petitioner’s age, which may include affidavits or secondary evidence of age.
• Removes marriage as a basis for automatic revocation of the petition for SIJ classification.