NOTE: This United States Citizenship and Immigration Services issued final SIJS regulations in March of 2022 and updated its SIJS policy manual consistent with the final regulations. NIWAP is in the process of updating the chapters in this bench book. A Question and Answer Guide that highlights the updates and a copy of the new regulations and policy manual SIJS chapters can be found accompanying this SIJS update webinar.
The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practices for Judges and Courts is a comprehensive tool that provides information that will be useful to Judges and Courts working with immigrant children. Special Immigrant Juveniles Status (SIJS) is a form of humanitarian immigration relief that provides for a path to lawful permanent residence (LPR) for children who are unable to be reunited with one or both parents due to abuse, abandonment, neglect, or a similar basis under state law. The SIJS bench book provides a detailed overview explanation of SIJS and the role that Congress created for state court judges in an immigrant child’s application process. The bench book provides information about laws and regulations, policies and best practices, legislative history, quick-guides tools that will help Judges and Courts staffs working with immigrant children and juveniles.
Chapter I – Introduction and Overview
Chapter II – Details about Special Immigrant Juvenile Status (SIJS) Findings
Chapter V- Quick Reference Guides
Chapter V-4 – Special Immigrant Juvenile Status Findings in Declaratory Judgment Cases
Chapter V-5 – Special Immigrant Juvenile Status Findings in Delinquency Proceedings
Chapter V-6 – Special Immigrant Juvenile Status Findings in Dependency Proceedings
Chapter V-8 – Special Immigrant Juvenile Status Findings in Paternity and Parentage Proceedings
Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases
Appendices
Appendix A – Statutory Provisions Related to Special Immigrant Juvenile Status
Appendix B – Special Immigrant Juvenile Status Legislative History
Appendix D1 – USCIS Policy Manual Volume 6 – Immigrants Part J – Special Immigrant Juveniles
Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings
Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims
Appendix G – DHS Immigration Options for Victims of Crimes (English Version)
Appendix H – DHS SIJS Brochure – Immigration Relief for Abused Children
Appendix I – DOJ Language Access Letter to Courts
Appendix K – State Law Definitions of Child Abuse
Appendix L – State Law Definitions of Abandonment
Appendix M – State Law Definitions of Child Neglect
Appendix N – State Law Definitions of Domestic Violence Include Child Abuse
Appendix O – States That Define Endangerment Higher Than Neglect
Appendix P – Forced Marriage as Child Abuse: State Laws
Appendix Q – Best Interests of the Child Maps – Summary Matrix
Appendix Q-1 – Best Interests of the Child – Factors in State Law
Appendix Q-2 – Best Interests of the Child – Catch-all Factor
Appendix Q-3 – Best Interests of the Child – Child’s Family Relationships Factor
Appendix Q-4 – Best Interests of the Child – Child’s Needs Factor
Appendix Q-5 – Best Interests of the Child – Child’s Wishes Factor
Appendix Q-6 – Best Interests of the Child – Continuity and Stability of Child Factor
Appendix Q-7 – Best Interests of the Child – Family Violence
Appendix Q-8 – Best Interests of the Child – Joint Custody Factor
Appendix Q-9 – Best Interests of the Child – Parental Cooperation and Conflict Factor
Appendix Q-10 – Best Interests of the Child – Parental Fitness Factor
Appendix Q-11 – Best Interests of the Child – Parental Wishes Factor
Appendix R – Custody in Protection Orders Proceedings
Appendix S – Use of Declaratory Judgments in Family Law Matters
Appendix T – Declaratory Judgment Case Law Chart by Topic and State
Appendix U – SIJS and Declaratory Judgments Statutes – State by State
Appendix V – Appointment of Guardianship: State Statutes
Appendix W – State Law on When Guardianships Terminate
Appendix X – Special Immigrant Juvenile Status – Case Law Chart
Appendix Y – State Court Rules Identical to Federal Rule of Civil Procedure 4