This Georgia Child Welfare Legal Academy explores the laws and polices regarding Special Immigrant Juvenile Status.

1. Legalization Remedies for Undocumented Children
Barton Clinic - GA Child Welfare Legal Academy , July 20, 2011
Of Catholic Charities Atlanta
770-823-6513 or rsalmon@archatl.com
Rebeca E. Salmon, Esq.
A Salmon Firm, LLC ICAP Contract Attorney

2. ...What remedies are there?
•T nonimmigrant status for victims of Human
Trafficking
•U nonimmigrant status for victims of crimes
•Violence Against Women Act (VAWA) relief for
domestic violence victims
•Special Immigrant Juvenile Status (SIJ) for child
abuse, abandonment and neglect victims

3.  Immigrants can be particularly vulnerable to
crimes like human trafficking, domestic violence
and child abuse
◦ Language barrier, separation from family and friends, lack of
understanding of US laws, fear of deportation, fear of law enforcement,
cultural differences
 Congress created several forms of immigration
relief that are available to undocumented
immigrants who become victims

4. T Nonimmigrant Status (T visa)
 Provides immigration protection to victims of human
trafficking
 Congress wanted to aid law enforcement in
investigating and prosecuting human trafficking by
providing a way for undocumented immigrant victims
to remain in the US to assist in an investigation or
prosecution
 What is trafficking?
◦ Modern day form of slavery
◦ migrant workers, sweatshops, sex trade, domestic servitude

5. Trafficking v. Smuggling
Smuggling Trafficking
Purpose Obtain illegal entry into
the US
Recruiting, transporting,
harboring or receipting persons
by force or coercion for the
purpose of exploitation
Consent Consent to be
smuggled
May or may not have
consented, or initial consent
rendered meaningless by
coercive or abusive actions of
the traffickers
Result Ends with arrival into
the US
Involves ongoing exploitation

6. Eligibility Requirements
In order to be eligible for a T visa a victim must:
 Be a victim of a severe form of trafficking in persons.
 Be physically present in the United States.
 Comply with any reasonable requests for assistance in
the investigation or prosecution (or be under the age of
18 or cannot participate due to trauma).
 Suffer extreme hardship involving unusual and severe
harm upon removal from the United States.

7. Benefits
 Self-petitioning application—do not need a sponsor (law
enforcement certification is optional)
 Can apply for family members
 5,000 visas each fiscal year for victims and no limit for
family members
 Eligible to work in the US
 4 year duration of status (extensions are available)
 May adjust status to lawful permanent resident

8. U Nonimmigrant Status (U visa)
 Provides immigration protection to
victims of certain types of crimes
 Congress wanted to aid law
enforcement in investigating and
prosecuting crime by providing a way
for undocumented immigrant victims
to remain in the US to assist in an
investigation or prosecution

9. What crimes qualify?
Rape Involuntary servitude
Torture Slave trade
Trafficking Kidnapping
Incest Unlawful criminal restraint
Domestic violence False imprisonment
Sexual assault Blackmail
Abusive sexual conduct Extortion
Prostitution Manslaughter
Sexual exploitation Murder
Female genital mutilation Felonious assault
Being held hostage Witness tampering
Peonage Obstruction of justice
*Includes attempts, conspiracy, or solicitation.
*Includes any similar activity where the nature and elements of the
unlisted crime are substantially similar.

10. Eligibility Requirements
In order to be eligible for a U visa a victim must:
 Be a victim of qualifying criminal activity and suffered
substantial physical or mental abuse as a result of the
crime.
 Possess information about the qualifying criminal
activity.
 Have been, is being, or is likely to be helpful to the
investigation and/or prosecution of that qualifying
criminal activity.
 Be a victim of criminal activity that violated a U.S. law.

11. Benefits
 Self-petitioning application—do not need a sponsor
(requires law enforcement certification)
 Can apply for family members
 10,000 visas each fiscal year for victims, no limit for
family members
 Eligible to work in the US
 4 year duration of status (extensions are available)
 Can Adjust status to lawful permanent resident

12. Violence Against Women Act (VAWA)
 Provides immigration relief to victims of
domestic violence
 Congress recognized that immigrant victims of
domestic violence may remain in an abusive
relationship because immigration status is often
tied to their abuser.
 VAWA is a “self-petitioning” relief that removes
control from the abuser and allows the victim to
submit his or her own application that are filed
without the abuser’s knowledge or consent.

13. Who Qualifies?
Who may file?
 Spouses - The abused spouse of a USC/LPR (child may
be included as a derivative beneficiary)
 Children - The abused child of a USC/LPR
◦ Including: The spouse of a USC/LPR whose child has been
abused may file a self-petition based on the abuse of the child. In
this case, the parent files based on abuse of the child, but both
parent and child benefit.
 Parents – The abused parent of a USC (added by VAWA
2005)
 VAWA immigration relief applies equally to women and
men (this gender neutrality was reiterated by VAWA 2005)

14. Eligibility Requirements
 Is or was married to USC or LPR
 Is child of USC or LPR
 Is parent of USC
 Marriage was in good faith
 Subjected to battery or extreme cruelty during
the marriage
 Resides or Resided with the abuser
 Good moral character

15. Benefits
 Placed in deferred action to prevent removal
from the US
 Can work in the US
 Changes to the abuser’s immigration status will
not affect the victim’s self-petition
 Remarriage after approval does not affect status
 Can adjust status to lawful permanent resident

16. What is Special Immigrant
Juvenile Status (SIJS)?
 Protection for children who do not have lawful
status and who have been abused, abandoned
or neglected in the U.S. or abroad.
 Applies to children who have just crossed the border as
unaccompanied minors.
 Applies to children who were brought here by family
members and grew up in the United States.
 This individual form of protection.
 This status requires interplay of federal
immigration law, international treaty law and 50
different state child welfare codes.

17. WHAT LAWS AND PROCEDURES APPLY?
Federal Law (Defining SIJS Law and Procedure)
 HR7311- TVRPA
 Statute (INA §101(a)(27)(j))
 Code of Federal Regulations (8 CFR §204.11)
 INS Memoranda (August 1998)
State Law (Defining Abuse, Abandonment & Neglect; Best Interests)
 State Revised Statutes
 State Case law
International Law (Defining Best Interests/ Basic Human Rights &
Protections)
 Convention on the Rights of the Child
 Declaration on the Rights of the Child

18. FEDERAL RESPONSIBILITES FOR
JUVENILE ALIENS
The Homeland Security Act of 2002 (“HSA”) reorganized federal
responsibilities for juvenile aliens. Prior to the HSA, the former INS was
responsible for apprehending and detaining all juvenile aliens. The
Homeland Security Act of 2002 created the Department of Homeland
Security (“DHS”).
DHS has assigned juvenile responsibilities to the Bureaus of Immigration and
Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”).
Both were given responsibility for apprehending, processing, and
transporting all juvenile aliens. DHS is also responsible for caring and
housing accompanied juvenile aliens.
Office of Refugee Resettlement (“ORR”), a section of the U.S. Department of
Health and Human Services, was assigned responsibility for caring and
housing unaccompanied juvenile aliens who are detained by DHS
pending resolution of immigration cases enforced by DHS.
A Statement of Principles guides the relationship between DHS and ORR, but
discussions continue on a Memorandum of Understanding to govern the
different responsibilities of the agencies for juvenile aliens. For instance,
there are still different interpretations of what is an unaccompanied minor
and which agency has responsibility for that minor.

19. BRIEF HISTORY OF SIJS:
IMMIGRATION AND NATIONALITY ACT
 In 1990, Representative Morrison introduced legislation in the
House of Representatives (H.R. 4300) that created SIJS.
 This became law through the Immigration Act of 1990
◦ Nov. 29, 1990, Pub. L. No. 101-649, 104 Stat. 4978. INA §101(a)(27)(J)(i); 8
USC §1101(a)(27)(J)(i)
 In 1997, the SIJS section was amended by Sec. 113, Act of Nov.
26, 1997, Pub. L. No. 105-119, 111 Stat. 2460 providing that no
state juvenile court has jurisdiction to determine the custody
status or placement of an alien in DHS custody unless the
Secretary of the Department of Homeland Security (formerly the
Attorney General) specifically and expressly consents to such
jurisdiction. 8 U.S.C. § 1101(a)(27)(J)(iii)(I)

20. William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008
Section 235 of TVPRA …Effective date: March 23, 2009
• SIJS must be adjudicated within 180 days!
• Prevents age-outs
• File by 18- age frozen
• Still in proceedings – grandfathered (effective December 23, 2008)
• Changes the Juvenile Court Order requirements from ‘long term foster
care’ to ‘reunification with 1 or both parents not viable’
• Transfers specific consent authority to U.S. Dept of HHS
• Asylum relief
• Children no longer have 1 year filing deadline
• Asylum office has jurisdiction even if previous deport

21. TVRPA Clarified intentions of Congress in protecting
vulnerable foreign born children and enhanced efforts to
combat trafficking and ensure safe repatriation when
appropriate
• Secretary of State shall negotiate agreements between the U.S. and
contiguous countries with respect to repatriation procedures
• No child shall be returned to the child’s country of nationality or of
last habitual residence unless returned to appropriate employees or
officials [through proper diplomatic channels]
• Implement best practices to ensure safe and sustainable repatriation
and reintegration
• Determinations include assessment of country conditions through
Department of State’s Country Reports on Human Rights
Practices and the Trafficking in Person’s Report

22. Sec 235(d)(4)(A) provides:
 STATE REIMBURSEMENTS!!
◦ Increases access to federal funds for state agencies providing services under section
501(a) of Refugee Education Assistance Act of 1980
◦ Makes eligible for placement and services under INA 412(d), in parity with refugee
children
◦ Title IV federal financial assistance
Sec 235(d)(4)(B) provides:
 DFCS REIMBURSEMENTS!!
◦ “[s]ubject to the availability of appropriations,” the federal
government shall reimburse the state for state foster care funds
expended on behalf of children granted Special Immigrant
Juvenile Status.
William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008

23. SPECIFICALLY WAIVED
• Most Juvenile
Delinquency
• Public Charge
• Labor Certification
• Present without
admission or Parole
(without inspection)
• Stowaway
• Misrepresentation/ Fraud
• Lack of Valid Entry
Document
• Unlawful Presence
WAIVABLE
• Health related grounds
• Prostitution and
commercialized vice
• Alcoholics or people with
“mental, physical
disorders”
• Drug addicts or abusers
• Association with terrorist
organization
• Immigration violators
• Aliens previously removed
NOT WAIVABLE
• Certain crimes
(aggravated
felonies)
• Multiple
criminal
convictions
• Controlled
substance
traffickers
• Terrorist
activities
Inadmissibility...

24. BASIC LAW OF SIJS:
SIX BASIC REQUIREMENTS

25. REQUIREMENT ONE
Under the age of 21
 While the federal eligibility
criteria extend to age 21, in the
state of Georgia, juvenile court
extends to age 18.
 It may be possible to raise
arguments for extension of
jurisdiction in special cases.
 TVRPA resolved this

26. REQUIREMENT TWO
Unmarried
 A child’s having his/her own children is not a bar to SIJS.

27. REQUIREMENT THREE
Deprived under State Law
 Declared dependent on a juvenile court located in the
United States or whom such a court has legally committed
to, or placed under the custody of, an agency or
department of a State (INA §101(a)(27)(J))
◦ Deprived under Georgia Law 15-11-8
 Child could be in Independent Living Program, long-term foster care
placement, Permanent Guardianship situation, group home, placed
with non-parent relative or living with court-appointed guardians.

28. REQUIREMENT FOUR
Reunification with parent not viable
 Whose reunification with 1 or both of the immigrant’s
parents is not viable due to abuse, neglect, abandonment,
or a similar basis found under State law. (INA
§101(a)(27)(J))
◦ Does not require the court to address both parents, one
will do
 Caution: if one parent still caring
for child – not going to work!
◦ Does not require termination
of parental rights

29. REQUIREMENT FIVE
Best interest to remain in current placement
 It has been determined in
administrative or judicial
proceedings that it would
not be in the child’s
best interest to return
to her home country
or last habitual residence

30. REQUIREMENT SIX (n/a)
The Attorney General specifically consents (“SPECIFIC
CONSENT”) to jurisdiction of juvenile court to determine the
custody status or placement of a child if the child is in actual or
constructive custody of the Attorney General
◦ Children in actual or constructive custody are children who are
currently detained in an ORR shelter or in long-term foster care
through ORR. If the child has been released to a family sponsor or has
never been detained, the minor is not in DHS custody. (Stated Policy-
Mr. John Pogash)
◦ For children in actual or constructive custody, before going into state
juvenile court, you must obtain specific consent from the National
Director on Juvenile Detention and Removal Operations. (Third
Memorandum)
◦ If you do not obtain specific consent before going into state court, the
state juvenile court order is invalid for purposes of SIJS. (Third
Memorandum)

31. CAUTION
◦ The child must remain under juvenile court jurisdiction
for the entire time that the immigration applications are
pending. (8 CFR 204.11(c)(5))
 TVPRA should address this

32. OVERVIEW OF THE SIJS PROCESS:
NOT IN REMOVAL
1. State Dependency Proceedings
2. File 1-step (I-360,I-485,I-765, I-131,G-325A, birth certificate, medicals, fee waiver,
pictures)
3. Have ASC Biometrics' taken
-- EAD issued within 90 days (SSN)
4. Adjustment of Status interview before U.S.C.I.S. officer
5. LPR granted
-- within 180 days of filing
4. Age 18 and if LPR 5 years -- apply for citizenship

33. OVERVIEW OF THE SIJS PROCESS:
IN REMOVAL PROCEEDINGS
1. Concurrently
-- Child must attend All EOIR Removal Master Calendar Hearings
-- Dependency Proceedings in State Court
2. File I-360*
-- Once approved, request joint Motion to Terminate from ICE
-- Deportation stopped and case transferred back to USCIS
3. File I-485
4. Have ASC Biometrics' taken
-- EAD issued within 90 days of 485 filing (SSN)
5. Adjustment of Status interview before U.S.C.I.S.
officer
6. LPR granted
-- within 180 days of filing the 485
7. Age 18 and if LPR 5 years -- apply for citizenship

34. LAST, First Middle
A #: xx
I-360 and I-485 Petition to Adjust Status
Submitted to:
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
Special Immigrant Juvenile Status
PLEASE RUSH
Enclosed: Attached to application
(I-360) no fee
(I-485) $1010.00/
FEE WAIVER
(I-131) incl
(I-765) incl.
TOTAL $1010.00/ or FEE WAIVER*
• G-28 Notice of Entry of Appearance as Attorney
• (3) photos of Petitioner
• Sealed Medical Exams
• I-360, I-485, G-325A (if over 14), I-765, I-131
• Supporting Documentation
• Birth Certificate w/ translation
• Juvenile Court Order with required findings highlighted
• Additional beneficial supporting documentation (not required)
Good school records
Medical records/ Psych evaluations if abused
Letters of support of child from community
Photos of child in their life here
*IF FEE WAIVER – clearly mark outside of envelope and every page of each petition

35. FEE WAIVER
Fee Waiver Request & Declaration
Name: LAST, First Middle Alien Number: none
Application Form Number: I-360/ I-485/ I-765 and Finger Print Fees
I am unable to pay the fee for the attached application. In accordance with 8 C.F.R. § 103.7(c), I
am requesting a fee waiver. If my dependents are applying for benefits concurrently with me they
are also requesting fee waivers, I am listing their names here and including a copy of this fee
waiver request with their applications:
_____________________________________________________________________
Situation & Criteria
I am applying for a fee waiver based on the following situation and criteria:
□ Public Benefits. Within the last 180 days, I qualified for or received a “federal means-tested
public benefit.” Please see attached evidence.
□ Low Income. My annual household income of $____________, on which taxes were paid for
the most recent tax year (if high enough to pay taxes on), is at or below the poverty level of
$____________, as indicated in the most recent poverty guidelines set by the Secretary of Health
and Human Services. Please see attached income tax returns.
□ Age. I am elderly (age 65 or over).
□ Disability. I have a disability that has been determined by the Social Security Administration,
Health and Human Services, Veteran’s Administration, or other appropriate federal agency.
Please see attached documentation of my disability determination.
□ Dependents. I have _____ (number of) dependents in my family household who are seeking
derivative status or benefits concurrently with me (the principal applicant or beneficiary). Please
see attached evidence of my living arrangements.
X Special Situation. I am in a special situation that requires humanitarian or compassionate
consideration, described below. Please see attached evidence, if available.
I was removed from my home and found deprived under the laws of the State of Georgia
when I was 16 due to the abuse I had suffered from my step-father and my mother’s
reluctance to help me. I am a ward of the court and am living in a foster home and totally
dependant upon the kindness of my sponsor to provide for my shelter and food; however,
she is unable to pay the fee for my applications. Thank you.
Overall Financial Picture
Information about my household and family members:
I live in the same household with (number of) persons, listed below. I am attaching evidence of
my living arrangements.
Name Age Relationship to
me
Employed (yes/no) Income
5 other foster children Various none No no
Ms. Green None – foster
mother
Yes Not relevant
Mr. Green None- foster
father
Yes Not relevant
Information about my income
My total income each month (including that of my dependents, if applicable), from all sources, is
$__________. Below I have listed all the sources of my income and the amount from each
source. I am attaching evidence of my income from these sources.
Source $ Amount per month
Wages/salary
SSI
TANF
Food Stamps
Other public benefits (as specified)
Other income (as specified)
TOTAL
Information about my assets
My total assets (including those of my dependents, if applicable), from all sources, are in the
amount of $_________. Below I have listed all of my assets and the amount each is worth. I am
attaching evidence of my assets.
Source $ Amount
Cash
Checking/savings accounts
Real estate
Personal property (as specified)
Other assets (as specified)
TOTAL
Information about my expenses
My living expenses each month (including those of my dependents, if applicable) total
$_________. I am listing each expense below. I am attaching evidence of my expenses.
Source $ Amount per month
Housing (rent/mortgage)
Food
Utilities (electric/gas/phone)
Transportation
Medical
Child care
Clothing
Spousal and/or child support
Auto loan
Auto insurance
Credit cards
Other debts
Other expenses (specify)
TOTAL
I declare under penalty of perjury that the preceding is true and correct.
______________________________________ ________________
Signature of Declarant Date
______________________________________ ________________
Signature of Department of Family & Children Svc Date
I, ______________________________, affirm that I am fluent in _______________ and English
and that I have accurately translated this declaration from English into the _______________
language to the declarant.
_______________________________________
Signature of Translator

36. • Prepare well in advance
• Know your client
• Know your juvenile court
• Juvenile Delinquency/ Deprivation require certified dispositions
• Immigration Attorney is crucial
• Communicate with Imm. Ct and District Counsel
• Motion to Reopen// Motion to Dismiss
• Monitor USCIS process
• Evaluate for Grounds of Inadmissibility
• Prepare I-601 Waiver w/ supporting documentation
• Keep options open
• T- visa
• U- visa
• VAWA
• SIJS
• Asylum
• Voluntary Departure*
• Men 18-26 MUST REGISTER FOR SELECTIVE SERVICE
Practice Pointers

37. …we just
want to feel safe
 Karen from Honduras – sold to coyotes
 Juan from El Salvador – rode his bike
 Diego from Mexico – fled constant abuse
 Marisol from Guatemala – father killed sister
 Alex from Honduras- shot by gangs
 Ileana from Nicaragua – abused by step-dad
 Michael from Nigeria – Mom died in car accident
 Trish from Lagos – Dad abandoned her with aunt
 Christina from Mexico – been in DFCS care all her life

38. To be alone.
To be alone and lost.
To be alone and lost in a foreign country.
To be alone, abandoned or abused, lost and
in a foreign country.
…And to be a child.