Topic: Special Immigrant Juvenile Status (SIJS)
Materials for those under the special immigrant juvenile status (SIJS).
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Maryland Family Law – Jurisdiction and Service of Process (excel) (+)
Maryland Family Law – Jurisdiction and Service of Process (excel)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Massachussetts Family Law – Jurisdiction and Service of Process (excel) (+)
Massachussetts Family Law – Jurisdiction and Service of Process (excel)
[pdf] Massachussetts Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Louisiana Family Law – Jurisdiction and Service of Process (excel) (+)
Louisiana Family Law – Jurisdiction and Service of Process (excel)
[pdf] Louisiana Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Kentucky Family Law – Jurisdiction and Service of Process (excel) (+)
Kentucky Family Law – Jurisdiction and Service of Process (excel)
[pdf] Kentucky Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Kansas Family Law – Jurisdiction and Service of Process (excel) (+)
Kansas Family Law – Jurisdiction and Service of Process (excel)
[pdf] Kansas Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Indiana Family Law – Jurisdiction and Service of Process (excel) (+)
Indiana Family Law – Jurisdiction and Service of Process (excel)
[pdf] Indiana Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Illinois Family Law – Jurisdiction and Service of Process (excel) (+)
Illinois Family Law – Jurisdiction and Service of Process (excel)
[pdf] Illinois Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Idaho Family Law – Jurisdiction and Service of Process (excel) (+)
Idaho Family Law – Jurisdiction and Service of Process (excel)
[pdf] Idaho Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Iowa Family Law – Jurisdiction and Service of Process (excel) (+)
Iowa Family Law – Jurisdiction and Service of Process (excel)
[pdf] Iowa Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Hawaii Family Law – Jurisdiction and Service of Process (excel) (+)
Hawaii Family Law – Jurisdiction and Service of Process (excel)
[pdf] Hawaii Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Georgia Family Law – Jurisdiction and Service of Process (excel) (+)
Georgia Family Law – Jurisdiction and Service of Process (excel)
[pdf] Georgia Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Florida Family Law – Jurisdiction and Service of Process (excel) (+)
Florida Family Law – Jurisdiction and Service of Process (excel)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Delaware Family Law – Jurisdiction and Service of Process (excel) (+)
Delaware Family Law – Jurisdiction and Service of Process (excel)
[pdf] Delaware Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] District of Columbia Family Law – Jurisdiction and Service of Process (excel) (+)
District of Columbia Family Law – Jurisdiction and Service of Process (excel)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Connecticut Family Law – Jurisdiction and Service of Process (excel) (+)
Connecticut Family Law – Jurisdiction and Service of Process (excel)
[pdf] Connecticut Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Colorado Family Law – Jurisdiction and Service of Process (excel) (+)
Colorado Family Law – Jurisdiction and Service of Process (excel)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] California Family Law – Jurisdiction and Service of Process (excel) (+)
California Family Law – Jurisdiction and Service of Process (excel)
[pdf] California Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Arizona Family Law – Jurisdiction and Service of Process (excel) (+)
Arizona Family Law – Jurisdiction and Service of Process (excel)
[pdf] Arizona Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Arkansas Family Law – Jurisdiction and Service of Process (excel) (+)
Arkansas Family Law – Jurisdiction and Service of Process (excel)
[pdf] Arkansas Family Law – Jurisdiction and Service of Process (pdf) (+)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Alaska Family Law – Jurisdiction and Service of Process (excel) (+)
Alaska Family Law – Jurisdiction and Service of Process (excel)
[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Alabama Family Law – Jurisdiction and Service of Process (excel) (+)
Alabama Family Law – Jurisdiction and Service of Process (excel)
[pdf] Alabama Family Law – Jurisdiction and Service of Process (pdf) (+)
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] NJN Peer-to-Peer Forum 06.01.21 (+)
[pdf] Factors That Demonstrate That It is Not In a Child’s Best Interests to Return to Their Home Country (June 12, 2021) (+)
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.
[pdf] Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings (May 18, 2021) (+)
This Appendix provides an overview of the significance of a minor’s trauma history in family court rulings. It explains how traumatic experience of the minor should guide the court in deciding SIJS related cases.
[pdf] Guide to Family Law Service of Process and Jurisdiction Requirements Charts (January 29, 2021) (+)
This guide provides background and useful information on the Family Law Service of Process and Jurisdiction Requirements charts.
[pdf] Family Law Summary of Service Rules (January 29, 2021) (+)
This chart provides an overview of non-resident and alternative service rules generally for family law proceedings in each state. This document serves as a supplement to the proceeding-specific family law jurisdiction and service of process charts.
[pdf] Paternity and Child Support Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for paternity and child support proceedings in each state.
[pdf] Custody Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service statutes for custody in each state.
[pdf] Child Abuse/Neglect Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for child abuse/neglect proceedings in each state.
[pdf] Domestic Violence Protection Orders – Jurisdiction and Service of Process (January 29, 2021) (+)
This chart provides the jurisdiction and service of process statutes for domestic violence protection orders in each state.
[pdf] Divorce and Legal Separation – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for divorce and legal separation in each state.
[pdf] Adoption Proceedings – Jurisdiction and Service of Process (+)
This chart provides the jurisdiction and service of process statutes for adoption in each state.
[pdf] NIWAP Comments Proposed Rule: Special Immigrant Juvenile Petitions (November 15, 2019) (+)
NIWAP’s comments on the proposed rule on Special Immigrant Juvenile Status.
[pdf] DC SIJS Case Summaries by Magistrate Julie Breslow (+)
Magistrate Julie Breslow of the the DC Superior Court compiled a resource for SIJS findings in the District of Columbia. This resource complements the presentation and provides summaries of the SIJS cases for participants to review.
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)
This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.
[pdf] Maryland Laws Regarding Abuse, Abandonment, Neglect and Best Interest of the Child (+)
This document combines Maryland State Laws regarding Child Abuse, Abandonment, Neglect and Best Interest of the Child
[pdf] October 2014 Newsletter (+)
In this issue:
– Demographics of Unaccompanied Minors in the United States
– Screening Children and Crime Victims for Immigration Relief Eligibility Using a Trauma Informed Approach
– Comparing Public Benefits for Forms of Immigration Relief
– Latest Developments at NIWAP
– Webinars, Publications, Trainings
– Student Corner
[pdf] SIJS Bench Book (Full Manual) (+)
The Special Immigrant Juvenile Status Bench Book: A guide to Best Practice 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.
[pdf] Immigration Options for Victims of Crimes (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
[pdf] 4B CA Form Order New (002) (+)
[pdf] Special Immigrant Juvenile Status Workshop FACT PATTERN (+)
[pdf] Courts Practice Advisory SIJS (Review of ILRC) (+)
[pdf] NCJFCJ Las Vegas 3.18.19 PowerPoint (+)
PowerPoint for the National Conference of Juvenile and Family Court Judges Annual Conference – March 18, 2019
[pdf] VAWA Protections for Immigrant Survivors and the 2018 Domestic Violence Asylum Policies (November 19, 2018) (+)
Nov. 30, 2018: U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role (Webinar)
Webinar U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role[1] November 30, 2018 Also see our full library of State Justice Institute supported materials for courts at www.niwap.org/go/sji To receive updates, sign up for NIWAP’s outreach list. https://www.surveymonkey.com/r/Z6373LX You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, […]
[pdf] ILRC – Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases (+)
[pdf] Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (+)
Information regarding required SIJS finding that states that it is not in the best interests for the child to be returned to the child’s or their parent’s home country; steps the courts should take when making this SIJS finding; and factors to consider when making this finding.
*New Practices Advisory on Special Immigrant Juvenile Status Applications Published (September 17, 2018)
The Immigration Legal Resource Center recently published a helpful Practice Advisory on “Risk of Applying for Special Immigrant Juvenile Status in Affirmative Cases”[1] due to the recently updated USCIS guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins […]
[pdf] Appendix K – State Law Definitions of Child Abuse (+)
A summary of the common themes in state definitions of child abuse in the form of a list depicting statutory language used by various state courts in order to allow judges to identify the similar themes easily.
[pdf] DHS Infographic – Thai (+)
[pdf] Best Practices In State Court Cases: Special Immigrant Juvenile Status and Violence Against Women Act Confidentiality (+)
*Special Immigrant Juvenile Status (SIJS)Bench Book (March 31, 2018) Table of Contents
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 […]
[pdf] ABA Immigration Relief, Chapter 5 Special Immigrant Juvenile Status (2014) (+)
American Bar Association – Immigration Relief: Legal Assistance for Noncitizen Crimes Victims. Chapter 5 Special Immigrant Juvenile Status.
Authors: Rachel Gonzalez Settlage; Elizabeth Anne Campbell; Veronica Tobar Thronson.
[pdf] Matter of Jose A. Menjivar (+)
[pdf] Appendix U – SIJS and State Declaratory Judgement Statutes – State by State (+)
This Appendix provides State by state chart of Special Immigrant Juvenile Status and declaratory judgement statutes
[pdf] Appendix Y – States with Rules Identical to FRCP 4 (+)
This Appendix provides State by state rules identical to FRCP 4.
[pdf] Appendix Q 12 – Best Interests Substance Abuse, Mental, Illness, and Criminal Historic Factor (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the substance abuse, mental illness, and criminal history factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 11 – Best Interests – Parental Wishes (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental wishes factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 10 – Best Interests – Parental Fitness (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental fitness factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 09 – Best Interests – Parental Cooperation Conflict (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental cooperation and conflict factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 08 – Best Interests – Joint Custody (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the joint custody factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 07- Best Interests of the Child – Family Violence (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the family violence factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix R – Custody in Protection Orders Proceedings (+)
This Appendix provides a state-by-state summary of the state laws that govern the inclusion of custody awards when state courts issue civil protection orders on behalf of domestic violence and child abuse victims.
[pdf] Appendix S – Using Declaratory Judgment In Family Law Matters (+)
This Appendix provides a summary of cases in which state issued declaratory judgments in family law related matters. It discusses the use of declaratory judgments in matters related to children, marriage, and divorce.
[pdf] Appendix T – Declaratory Judgments – Cases By Topic & State (+)
This Appendix is document that collects case law from states across the country illustrating the wide range of circumstances in which state courts apply state declaratory judgment statutes to issue declaratory judgments on family law matters. It explains a chart that provides helpful illustrative information for courts and attorneys in cases of immigrant children seeking Special Immigrant Juvenile Status (SIJS) findings.
[pdf] Appendix V – Guardianship Appointment of Guardian Chart (+)
This Appendix summarizes the common themes in State definitions regarding the appointment of a guardian.
[pdf] Appendix W – When Guardianship Terminates (+)
This Appendix provides State law definitions of termination of guardianship. The purpose is to help judges to identify when a guardianship is permanent and what are the reasons under state law to terminate the guardianship.
[pdf] Appendix Z- Glossary of Terms (November 15, 2017) (+)
This appendix is a glossary of terms that give brief descriptions of terms are relevant to assisting adult and child immigrant victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, elder abuse, and immigrant children who have suffered child abuse, abandonment or neglect. The terms are organized alphabetically.
[pdf] Appendix Q 06 – Best Interests Continuity and Stability of Child Factor (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Continuity and Stability of Child factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 05 – Best Interests – Child’s Wishes (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Wishes factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 04 – Best Interests – Child’s Needs (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Needs factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 03 – Best Interests – Child’s Family Relationships (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Family Relationship factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 02 – Best Interests – Catch-All (December 29, 2017) (+)
This is a map and a chart that depict various states and the factors they consider when determining the best interests of a child
[pdf] Appendix Q 01 – Best Interests of the Child All Factors (December 29, 2017) (+)
This is a map and a chart illustrating different jurisdictions and the factors theyuse when determining the best interests of the child in custode cases as well as whether these are governed by Statute.
[pdf] Appendix Q – Best Interests of the Child Matrix (December 29, 2017) (+)
This a table that is drawn up to show the general categories of “best interest” factors that apply in each US state and territory for custody determinations
[pdf] Appendix P – State Law Definitions of Forced Marriage as Child Abuse (+)
This document provides the definition of forced Marriage in various states and provides the similarities between forced marriage and child abuse.
[pdf] Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect (+)
This is a chart the provides a summary of common themes in state definitions of child endangerment and compares the statutory language with child neglect..
[pdf] Appendix N – Domestic Violence Includes Child Abuse and Child Neglect (+)
This is a chart that is drawn up to make it easier for judges to identify how child abuse is included in the forms of domestic violence that are covered by domestic violence protection order and criminal domestic violence laws
[pdf] Appendix M – State Law Definitions of Child Neglect (+)
This is a chart that shows different state law definitions of child neglect and summarizes the common themes in them. This was developed to help courts identify when other state have statutory language similar to their state statute
[pdf] Appendix L- Abandonment of Children State Statutes Definitions (+)
This is a summary of certain common themes that run through the definitions of abandonment as used in different state courts.
[pdf] Appendix H – DHS SIJS Brochure (+)
This Appendix provides a short overview of SIJS