*Special Immigrant Juvenile Status Bench Book Table of Contents

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.

Special Immigrant Juvenile Status Bench book: A National Guide to Best Practices for Judges and Courts (Complete)

Chapter I – Introduction and Overview

Chapter II – Details about Special Immigrant Juvenile Status (SIJS) Findings

Chapter III – Abuse, Abandonment, or Neglect: The Role of State Law Definitions in Special Immigrant Status Findings

Chapter IV- Application of the Best Interest of the Child Standard in Special Immigrant Juvenile Status Cases

Chapter V- Quick Reference Guides

Chapter V-1- Special Immigrant Juvenile Status Findings in Proceedings Involving Termination of Parental Rights and Adoption

Chapter V-2 – Special Immigrant Juvenile Status Findings in Civil and Criminal Protection Orders Proceedings

Chapter V-3 – Special Immigrant Juvenile Status Findings in Proceedings Involving Custody and Child Support

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-7 – Special Immigrant Juvenile Status Findings in Proceedings Involving Guardianship Proceedings

Chapter V-8 – Special Immigrant Juvenile Status Findings in Paternity and Parentage Proceedings

Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases

Chapter VII – Service of Process in State Court: Cases Seeking Special Immigrant Juvenile Status Findings

Appendices

Appendix A – Statutory Provisions Related to Special Immigrant Juvenile Status

Appendix B – Special Immigrant Juvenile Status Legislative History

Appendix C – USCIS Memo on Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions

Appendix D1 – USCIS Policy Manual Volume 6 – Immigrants Part J – Special Immigrant Juveniles

Appendix D2 – USCIS Policy Manual Volume 7 – Adjustment of Status Part F – Special Immigrant-Based (EB-4) Adjustment

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 J – Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings

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 Q-12 – Best Interests of the Child – Substance Abuse, Mental Illness, and Criminal History 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

Appendix Z – Glossary of Terms