USCRI: U.S. Committee for Refugees and Immigrants

Special Immigrant Juvenile Status (SIJS)

Published Decisions and 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 that 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 Decision (April 4, 2006) Decision granting Motion to Reopen in above case.

Special Immigrant Juveniles-Memorandum #2: Clarification of Interim Field Guidance
Thomas Cook, Acting Assistant Commissioner, Adjudications Division, INS, July 9, 1999

Special Immigrant Juveniles-Memorandum #3: Field Guidance on Special Immigrant Juvenile Status Petitions
William R. Yates, Associate Director for Operations, USCIS, May 27, 2004

Concurrent Filing for Section 101(a)(27)(I) Special Immigrants Memorandum
William R. Yates, Associate Director for Operations, USCRI, January 23, 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.

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