special immigrant juvenile status (sijs) aimee maldonado supervising attorney of the unaccompanied...

Special Immigrant Juvenile Status (SIJS)

Aimee MaldonadoSupervising Attorney of the Unaccompanied Minors Program at Catholic Charities of the Archdiocese of Galveston-Houston

© Catholic Charities of the Archdiocese of Galveston Houston.

What is SIJS?

•Form of Immigration Relief for children who have been abused, abandoned, and/or neglected by a parent.▫First introduced in the INA of 1990 ▫Later amended by the TVPRA of 2008


Where can I find the requirements for SIJS?• §101(a)(27)(j) of the INA• William Wilberforce Trafficking Victims

Protection Reauthorization Act of 2008▫Aka – TVPRA 2008

• 8 C.F.R. § 204.11 – does not reflect the amendments made by the TVPRA of 2008▫Clarifying Memorandum issued by Donald

Neufeld on March 24, 2009 Subject: Trafficking Victims Protection

Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions

Who qualifies for SIJS?

• Child under §101(b)(1)▫Unmarried▫Under the age of 21

At the time of filing I-360• Declared dependent upon a juvenile court• Abused, abandoned, and/or neglected by one or both

parents• Reunification is not viable with one or both parents

due to abuse, abandonment, and/or neglect• Not in the child’s best interest to return to his/her or

the parent’s count of nationality or last habitual residence


How are abuse, abandonment, and neglect defined?• Varies by state as this is determined by state law• Texas

▫ Abuse - Texas Family Code Sec. 261.001(1)▫ Neglect – Texas Family Code Sec. 261.001(4)▫ Abandonment – Texas Family Code Sec. 152.102(1) and Sec.

161.001 (1)(H) ▫ Best Interest

Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976) (1) the desires of the child; (2) the emotional and physical needs now

and in the future; (3) the emotional and physical danger now and in the future; (4) the parental abilities of the individuals; (5) the programs available to assist to promote the best interest; (6) the plans for the child; (7) the stability of the proposed home; (8) the acts or omissions of the parent that implicate their fitness; and (9) any excuse for the acts or omissions of the parent

Zheng v. Pogash, 416 F. Supp. 2d 550, 561 (2006)

Do I qualify for SIJS?• My name is Walter. I am 17 and from Honduras.

When I was 3 my dad came to live to the U.S. My father has always supported me from abroad. After he left, I lived with my mom until I was 5. I remember she would hit me with an electrical cord almost everyday. One day she left me at the house and never came back. I saw her one time in passing but she ignored me. After my mom left me, I went to live with my grandmother, but my grandmother died 2 months ago. I had nowhere to go so I decided to come the U.S. to be with my father. © Catholic Charities of the Archdiocese of Galveston Houston.

Does Walter qualify for SIJS?

•Is he under 21 years of age?•Is he unmarried?•Has he been abused, abandoned, and/or

neglected by one or both parents?•Is reunification not viable with one or

both parents due to abuse, abandonment, or neglect?

•Is it is his best interest not to be returned to his or his parents’ country of national origin or last habitual residence? © Catholic Charities of the Archdiocese of Galveston Houston.

Do I qualify for SIJS?•My name is Lesly. I am 14 and from

Guatemala. I lived with my mom and dad until I was 12. When I was 12, my father raped me. When I told my mom we left the house and told the police. My dad went to jail briefly but is now out and I do not know his location. My mom is poor but provides for my needs and has always treated me well. She sent me to the U.S. because our neighborhood has gotten very dangerous due to the gangs. © Catholic Charities of the Archdiocese of Galveston Houston.

Does Lesly qualify for SIJS?

•Why or Why not?•Best interest considerations in your state


Do I qualify for SIJS•My name is Oscar. I am 19 and I am from El

Salvador. My mom would get drunk everyday and would throw hot water at me and my brother. My mom eventually left us when I was 10. When I was 16 my dad died. Me and my brother began to live in the streets. My brother came to the U.S. 2 years ago and I never heard from him again. The gangs started to threaten me so I had to leave El Salvador. I am living at a homeless shelter in the United States.


Does Oscar Qualify for SIJS?

•Why or why not?


SIJS: 3 Step Process

•Obtain a Predicate Order•Apply for SIJS•Apply for Legal Permanent Residence

(LPR)


Obtaining a Predicate Order• What type of petition do I file?

▫Suit Affecting the Parent-Child Relationship (SAPCR)

▫Petition for Declaratory Judgment• Where do I file my petition?

▫What county does the child reside in?▫Which court do I file in?

Civil Family Juvenile

• When can I file the petition?▫Standing - Depends on who is the petitioner © Catholic Charities of the Archdiocese of Galveston Houston.

How do I file my petition?

•Review the polices of the district court in your jurisdiction▫E-filing

•Filing fees▫Does my client qualify for a fee waiver?


What must the Petition contain?

• Discovery Level• Parties• Venue• Jurisdiction• Child’s information• Persons Entitled to

Citation• Facts• Requests

▫ Custody▫ Passport Provisions▫ Findings

• Prayer

• Findings▫ Child is dependent on the

court▫ Child is under 21▫ Child is unmarried▫ Reunification not viable

with one or both parents due to abuse, abandonment and/or neglect

▫ Not in Child’s best interest to return to his/her or parents home country or country of last habitual residence


Serving the Parties

•Waivers•Personal Service•Citation by Publication

▫Attorney Ad Litem


What goes in the Order?

•Appearances•Jurisdiction•Standing•Child’s information•Findings


Court Date• Court will set hearing• Request Hearing Date• Uncontested Docket

▫ Waiver▫ Default▫ Citation by Publication

• E-file Order take a Copy to Court

• Certified Interpreter• Forms

▫ Texas - Bureau of Vital Statistics (BVS) Form

▫ Call the court• Keep children out of the

courtroom


The Judge signed the predicate order now what?What forms do I need and where do I send them?

What do I have to include with the forms?

• I-360▫ www.uscis.gov▫ Many areas of the

application will remain blank

• G-28• Review all forms with

client before they sign• Make copies of everything• No Filing Fees

• Birth Certificate with Translation

• Identification▫ School ID▫ Verification of Release

“VRF” – previously in ORR Care

• Signed Predicate Order▫ Certified Copy

• Cover letter• Notice of Hearing – if child

is in proceedings © Catholic Charities of the Archdiocese of Galveston Houston.

http://www.uscis.gov/

My client’s I-360 has been approved. What’s next?Termination Adjustment in Court

• Contact Office of the Chief Counsel

• Motion to Terminate• Removal Proceedings

Terminated• I-485

• Inform Judge during hearing that the I-360 has been approved

• Obtain Individual Hearing Date and Filing Deadlines

• Obtain fee-in and biometrics instructions from the Assistant Chief Counsel

• I-485• Individual Hearing


I-485 Application for Adjustment of StatusWhat forms do I need to file? What documents do I need to include?

• I-485 www.uscis.gov• G-325• I-864W• G-28• Review all forms with

client before they sign • Makes copies of

everything• Filing Fees

• I-360 Approval Notice• Birth Certificate with

Translation• Identification

▫ School▫ VRF – if previously at shelter▫ Passport

• 2 Passport Style Pictures▫ Put A number and name on

back• Copy of Termination Order• Fee or Fee Waiver• Medical Exam

▫ Obtain Vaccination Record © Catholic Charities of the Archdiocese of Galveston Houston.

http://www.uscis.gov/

My client was never in removal proceedings does that change the process?

•If your client was never in removal proceedings or those proceedings were terminated before the I-360 was filed then you can file the I-360 and I-485 together.

Are there any grounds of inadmissibility that do not apply? YES•212(a)(4) – public charge•212(a)(5)(A) – labor certification•212(a)(6)(A) – aliens present without

inspection•212(a)(6)(C) – misrepresentation•212(a)(6)(D) – stowaways•212(a)(7)(A) – documentation

requirements•212(a)(9)(B) – aliens unlawfully present

Other important facts

•SL6 – category list on the legal permanent resident card

•Under the current statue, a legal permanent resident who applied for SIJS cannot petition for his/her parents, this includes the good parent

•A child does not have to be an Unaccompanied Child to qualify for SIJS

•Remind your client to apply for Naturalization once they qualify

Questions

•Aimee Maldonado•Catholic Charities of the Archdiocese of

Galveston-Houston▫6671 Southwest Freeway, Suite 600,

Houston, Texas 77074▫(713) 874-6562▫[email protected]

mailto:[email protected]

special immigrant juvenile status (sijs) aimee maldonado supervising attorney of the unaccompanied...

Documents

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neglect texas family

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andor neglectnot

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aka tvpra

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