This Appendix provides a snapshot of immigrant’s options for victims of crime.
Topic: Special Immigrant Juvenile Status (SIJS)
Materials for those under the special immigrant juvenile status (SIJS).
[pdf] Appendix C – TVPRA-SIJ Neufeld Memo (+)
This memorandum will inform immigration service officers working Special Immigrant Juvenile (SIJ) petitions about new legislation affecting adjudication of petitions filed for SIJ status.
[pdf] Appendix B – SIJS Legislative History (+)
This Appendix discusses the legislative history and the evolution of SIJS statutory protections.
[pdf] Appendix A – SIJS Statutory and Regulatory Provisions (+)
This appendix provides courts easy access to the SISJ statute, USCIS implementing policies and those portions of the USCIS regulations that have not been superseded by statute.
[pdf] 5.8 Chapter V-8 – Paternity Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in paternity and parentage proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in paternity and parentage proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in paternity cases.
[pdf] 5.7 Chapter V-7 – Guardianship Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in guardianship proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in guardianship proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in guardianship cases.
[pdf] 5.6 Chapter V-6 – Dependency Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in dependency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in dependency proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in dependency cases.
[pdf] 5.5 Chapter V-5 – Delinquency Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in delinquency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in delinquency proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in delinquency cases.
[pdf] 5.4 Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in declaratory judgment cases. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in declaratory cases and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in declaratory cases.
[pdf] 5.3 Chapter V-3 – Custody Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in proceedings involving custody and child support. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in custody and child support proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in custody case.
[pdf] 5.2 Chapter V-2 – Civil Protection Orders Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in civil and criminal protection orders proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in civil and criminal protection order proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in protection orders.
[pdf] 5.1 Chapter V-1 -Adoption Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings involving termination of parental rights and adoption. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It further discusses the termination of parental rights in adoption proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in adoption cases.
[pdf] 4. Chapter IV – Application of the Best Interest of the Child Standard in SIJS (+)
This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.
[pdf] 3. Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (+)
This Chapter of the manual provides an overview of how state courts apply the state law definitions of “abuse,” “abandonment,” and “neglect” in issuing SIJS findings as part of state court orders. It discusses how courts should apply the state law definitions of abuse, abandonment, and neglect to the facts that occurred outside and inside of the United States. It also explains the state law definition of the abuse, abandonment, and neglect ad highlight the common themes in the state law definition of these terms. The chapter provides an overview of the helpful charts included as appendices to this manual that provide the state-by-state details and a national multi-state overview of how each of the following terms are described in the law of each of the U.S. states and jurisdictions.
[pdf] 2. Chapter II: Details About Special Immigrant Juvenile Status (SIJS) Findings (+)
This Chapter provides an overview of the findings required by State Court in determining eligibility for SIJS. It discusses the findings like – Dependency, reunification, abuse, neglect or abandonment and similar basis under the State law.
[pdf] 1. Chapter I – Introduction to Special Immigrant Juvenile Status (+)
This Chapter provides an overview of the Special Immigrant Juvenile States as a form of immigration relief that helps immigrant children who have suffered abuse, abandonment or neglect perpetrated by a parent. It discusses this federal immigration program, its history, and the role of the state courts in SIJS cases. It also discusses the federal immigration adjudication process and how state courts will encounter SIJS eligible children in the wide range of cases that in which SIJS eligible children appear before state courts.
[pdf] Chapter 1: Intro and Overview (+)
This chapter introduces the Special Immigrant Juvenile Status path to lawful permanent residence and outlines the role of state courts in the process.
[png] SJI Logo (+)
November 3, 2017: Rockford, IL “What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence”
Training Materials PowerPoint Presentations for Training Technical Assistance Flyer Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview […]
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Infographic – Chinese (中文) (+)
DHS Infographic – Chinese (中文)
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)
Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights. 9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]
[pdf] USCIS Policy Manual Special Immigrant Juvenile Status (Dec 14 2016) (+)
This document is the training manual developed by USCIS used by USCIS officials responsible for adjudicating Special Immigrant Juvenile Status (SIJS).
[pdf] US DOJ Memo Case Processing Priorities 01 31 2017 (+)
This memorandum serves to rescind the February 3, 2016, memorandum (“Revised Docketing Practices Relating to Certain EOIR Priority Cases”) and the March 24, 2015, memorandum (“Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of New Priorities”).
[pdf] NCJFCJ Conference Presentation: Protection for Immigrant Children: SIJS and Beyond (+)
[pdf] USCIS Policy Manual – Vol 6-7-Part J SIJS Full (+)
[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)
This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.
*Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures […]
[pdf] USCIS Brochure for Victims: Immigration Relief for Abused Children (+)
USCIS brochure on special immigrant juvenile status (SIJS) describing special immigration protections for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. The abuse could have happened in the U.S. or abroad.
*State Definitions of Child Abuse and Neglect
For purposes of Special Immigrant Juvenile Status Cases when immigrant children are seeking state court findings for SIJS predicate orders, states are to apply state court definitions of abuse and neglect to the facts of the child’s case without regard to the location where the abuse or neglect occurred in the U.S. or abroad. The […]
[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
[pdf] Slides from Special Immigrant Juvenile Status Explained: Obtaining Family Court Orders for Under 21 Year Old Family and Sexual Violence Survivors (+)
These slides were presented by Leslye Orloff, Commissioner Loretta Young, and Judge Mary Weir at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
[pdf] Remedies for Youth, Adolescents, and Young Adult Victims (+)
Power point presentation aimed to train advocates and professionals to better identify different forms of immigration relief available to immigrant youth, understand differences and advantages between victim based immigration remedies for immigrant youth, and to obtain orders from family courts that are either required or helpful for immigration cases filed by immigrant children.
[pdf] Legal Services Corporation: Program Letter 14-3 (+)
LSC issued a Program Letter to provide guidance to recipients in light of the recent influx of non-citizens into the United States from Central America on when children are eligible for representation by an LSC funded legal services program under LSC’s Anti-abuse regulations.
[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)
Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).
[pdf] Special Immigrant Juvenile Status: Information for Juvenile Courts (+)
General information regarding eligibility, the role of juvenile courts in relation to Special Immigrant Juvenile Status (SIJS), and other helpful tips.
[pdf] Immigration Relief for Abused Children (Courts) (+)
A brochure of information for juvenile court judges, child welfare workers, and others working with abused children.
[pdf] Immigration Protection Screening Checklist: Special Immigrant Juvenile Status (June 13, 2015) (+)
A checklist for immigration protection screening for special immigrant juvenile status.
[pdf] Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions (+)
USCIS Memorandum to inform immigration service officers working Special Immigrant Juveniles (SIJ) petitions about new legislation which affects the adjudication of petitions filed for SIJ status.
[pdf] Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance (+)
This memorandum is to provide clarification of the interim field guidance relating to the Attorney General’s consent and on the documentation required to support a special immigrant juvenile petition.