USCIS Clarifies Special Immigrant Juvenile Classification to Better Ensure Victims of Abuse, Neglect and Abandonment Receive Protection

WASHINGTON—U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. 

To ensure consistency surrounding this classification, USCIS is issuing three Administrative Appeals Office (AAO) adopted decisions. Through these adopted decisions, USCIS clarifies that it requires evidence of a court’s intervention to provide relief from abuse, neglect or abandonment beyond a statement that the juvenile is dependent on the court. This level of intervention from the court serves as an indicator as to whether the SIJ classification is sought for its intended purpose of relief from parental abuse, neglect or abandonment and not primarily to obtain an immigration benefit. Many juvenile court orders already contain this level of detail.

USCIS also clarifies that it will consider qualifying orders from state courts, provided the petitioner met the applicable definition of a juvenile under state law when the order was issued and the court determined the juvenile was subject to parental abuse, neglect, abandonment or similar maltreatment. These clarifications will provide guidance to adjudicators in evaluating juvenile court orders issued under different state laws in the adjudication of petitions for federal SIJ classification. Read more at: https://www.uscis.gov/news/uscis-clarifies-special-immigrant-juvenile-classification-better-ensure-victims-abuse-neglect-and-abandonment-receive-protection

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.