The materials in this webpage include resources that provide general and state-specific information regarding SIJS. These resources include training manuals and general information, in addition to sample applications, documents and immigration court cases. The website also includes materials that address SIJS-specific issues, such as consent, abandonment, abuse and neglect.

USCRI makes these materials available to practitioners representing immigrant children, policymakers, researchers, and others.  The materials come from a variety of sources, and USCRI does not make any representations as to the accuracy or credibility of the source. *If you would like to share your resources, please email Carolyn Seugling at cseugling@uscridc.org *

TABLE OF CONTENTS

Manuals
General Information
Significant Immigration Decisions & Memoranda
Articles
Interstate Resources
Redacted Sample Applications and Documents
Consent Issues
Samples by State or Region

Manuals

• Midwest Immigrant & Human Rights Center Special Immigrant Juvenile Status in Illinois: A Guide for Pro Bono Attorneys (updated May 2006).
  This manual including information on topics such as the background of SIJS, the role of the public guardian, the juvenile court process, filing the petition for special immigrant juvenile status and application to adjust status, special tips, etc.
  
• Public Counsel Law Center Special Immigrant Juvenile Status Removal Manual. This manual guides the pro bono attorney in obtaining SIJS through probate and guardianships in Los Angeles County for children who are in removal proceedings.
               Update: September 2006
  
• Shah, Ragini.  Special Immigrant Juvenile Status Background and Eligibility.  Columbia Law School, January 2005.
  
• Immigration Legal Resource Center (ILRC):
  • 2005 ILRC Special Immigrant Juvenile Status (SIJS) Manual
  • 2005 ILRC Immigration Benchbook for Juvenile and Family Court Judges

General Information

• Transcript of AILA's December 1, 2005 National Teleconference on Special Immigrant Juvenile Status (SIJS) moderated by Christopher Nugent from Holland & Knight, LLP.  Presenters included John Pogash, National Juvenile Coordinator, ICE and Andrew Morton from Latham & Watkins.
  
• Shah, Ragini. Special Immigrant Juvenile Status: Report from Columbia Law School’s Child Advocacy Clinic and Society For Immigrant and Refugee Rights. The Child Advocacy Clinic and the Society for Immigrant and Refugee Rights conducted surveys of organizations in Washington, D.C., Atlanta, GA, Chicago, IL, Miami, FL, and Portland, OR.  These surveys supplement the information provided Darryl Hamm’s article tracking the trends in New York, NY, San Francisco, CA, Los Angeles CA.  This report is a summary by topic of areas surveyed by the students and information from the Hamm article. 
  
• SIJS as Defined by General Provisions of INA law
  -text of provision within the Immigration and Naturalization Act
  
• Definition and Chronology of SIJS
  -excerpt from INA law summarizing SIJ law provision
  - flow chart of chronology of an SIJ case
  
• House of Representatives Conference Report on SIJS
  - Report from the Appropriations Committee: sec. 113 discusses amendments to the Immigration and Nationality Act which addresses problems encountered with the implementation of the SIJ provision.
  - Requires the Attorney General to determine that neither the dependency order nor the administrative or judicial determination of the alien's best interest was sought to obtain legal status but rather to obtain relief from abuse or neglect. 
  - Removes jurisdiction from State juvenile courts to consider the custody status or placement of such aliens unless the Attorney General specifically grants consent to such jurisdiction.
  

Significant Immigration Decisions & Memoranda

• Matter of Menjivar. File A 70 117 167, INS Administrative Appeals Unit (AAU) (Dec. 27, 1994). The AAU decided that a child is dependent on the juvenile court for immigration purposes whether the child is in the state foster care system or a guardianship situation.
  
• Redacted Brief from Holland and Knight (Nov. 29, 2005)   requesting the BIA reverse the Immigration Judge's decision and grant the Motion to Reopen based on pending petition for Special Immigrant Juvenile Status (SIJS). Among other things, this brief analyzes due process rights, the "Interim Operating Policies and Procedures Memorandum 04-07: Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children and the standard and scope of review for motions to reopen when SIJS is pending.  
  
• Redacted BIA April 4, 2006 Decision granting Motion to Reopen in above case.
  
• Cook, Thomas.  “Special Immigrant Juveniles-Memorandum #2: Clarification of Interim Field Guidance.”  Acting Assistant Commissioner for Regional Directors, District Directors.  July 9. 1999.
  
• Yates, William R. “Special Immigrant Juveniles-Memorandum #3: Field Guidance on Special Juvenile Status Petitions.”
  
• Yates, William R. "Concurrent Filing for Section 101(a)(27(I) Special Immigrants- Memorandum." 2004. 
  
• October, 2007, AAO decision holding that "where an applicant has shown that a juvenile court has legally committed him to, or placed him under the custody of any agency or department of a State, and he continues to maintain that status, he is not also required to establish that he has been declared dependent, and that he continues to be dependent, on a juvenile court." In this case, a child who entered state foster care prior to his 18th birthday and elected to remain in such care through a voluntary placement agreement met the requirements for SIJS.
  

Articles

• Chen, Gregory.  “Elian or Alien? The Contradictions of Protecting Undocumented Children under the SIJS.”  Hastings Constitutional Law Quarterly.  Summer, 2000.  27 Hastings Constitution L.Q. 597.
  
• Hamm, Darryl L. Special Immigrant Juvenile Status: A Life Jacket for Immigrant Youth, Clearinghouse Review Journal of Poverty Law and Policy, September-October 2004.
  

Interstate Resources

• American Public Human Services Association's 2002  "Guide to the Interstate Compact on the Placement of Children."  As the introduction states, "The interstate compact on the placement of children is the best means [available] to ensure protection and services to children who are placed across state lines for foster care or adoption. The Compact is a uniform law that has been enacted by all 50 states, the District of Columbia and the U.S. Virgin Islands."
  
• Child Welfare Information Gateway's "Online Resources for State Child Welfare Law and Policy." This publication provides ready access to State laws and regulations regarding child protection by listing the part of the code for each State that contains the laws addressing child protection and the web address for the corresponding statute.
  
• Undocumented Immigrant Youth: Guide for Advocates and Service Providers, Policy Brief No. 2, November, 2006. Produced by the National Collaboration for Youth and the National Juvenile Justice Network. This publication outlines the risks and obstacles that undocumented immigrant youth face in both the immigration and juvenile justice systems. The brief also recommends policies and actions that immigration advocates, youth advocates, and service providers could adopt to improve the safety and well-being of immigrant youth.
  
• Bridging Refugee Youth & Children's Services' (BRYCS) Guardianship Information by State. October, 2006. BRYCS's ongoing project to gather current information for each state and provide links to state court websites for specific information.  
  
• Lawyers for Children, Inc.'s Guide for Immigrant Youth. As part of their "You are Not Alone" series, Lawyers for Children, Inc. has published this excellent guide for immigrant youth in New York and beyond. The guide is written for youth and answers questions about immigration, status, children's rights, how to get a green card and seek assistance.

Redacted Sample Applications and Documents

• Sample SIJS Petition Packet submitted to USCIS by Ayuda, Inc., 2006.
  Packet includes: 
  
  Sample Ayuda SIJS application checklist
  Sample Cover Letter to USCIS
  Sample G-28, Notice of Appearance as Attorney or Representative
  Sample Social Service Letter
  Sample Child Case Summary
  Sample I-360 Petition for Amerasian Window(er) or Special Immigrant
  Redacted Order Regarding Respondent's Eligibility for Special Immigrant Juvenile Status
  Sample I-485 Application to Register Permanent Resident or Adjust Status
  Sample G-325 Biographic Information
  Redacted Birth Certificate in Spanish with English Translation
  Redacted Copy of Child's Guatemalan Passport
  Sample of I-765 Application for Employment Authorization

• Sample Model Child Declaration for SIJS petiton
  
• Sample Child Affidavit for SIJS petition

• Sample Affidavit of "Miguel"
  
• Sample Application Checklist for Petition for Special Immigrant Juvenile Status, Application for Adjustment of Status and Application for Employment Authorization.
    
• Redacted Joint Motion to Reopen Removal Proceedings to Allow Respondent to Apply for Special Immigrant Juvenile Status and Adjustment of Status. (TX)
  
• Redacted Joint Motion to Reopen Removal Proceedings to Allow Respondent to Apply for Adjustment of Status as a Special Immigrant Juvenile. (MD).
  
• Redacted Letter requesting Administrative Closure of Removal Proceedings. (CA).
  
• Redacted Motion to Reopen Immigration Court Proceedings. Child became eligible for SIJ visa after order of deportation issued. Atlanta, GA. 2007.
  
• Redacted Motion For Continuance of Master Calendar Hearing. Houston, TX.
  
• Redacted Motion for Continuance of Master Calendar Hearing. Houston, TX.
  
• Redacted Motion for Continuance of Master Calendar Hearing and Declaration in Support. LA County. 2005.
  
• Redacted Order granting Motion to Terminate for failure to serve NTA on unaccompanied minor's parent. (2007).