Factors That Demonstrate That It is Not In a Child’s Best Interests to Return to Their Home Country (June 12, 2021) [pdf]

In Special Immigrant Juvenile Status (SIJS) cases, one of the required SIJS findings is that it is not in the child’s best interests for the child to be returned to the child’s or their parent’s home country. This document outlines recommended approaches to making or obtaining these findings that for SIJS eligible children. The recommendations include examining and applying the same factors that are used in VAWA self-petitioning cases to prove extreme hardship. These are abuse related factors that can help SIJS children establish that it is not in the child’s best interest to return to the child’s home country.