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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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Special Immigrant Juvenile Status (SIJS)

This module provides information on how and when family court judges issue the special findings necessary for a juvenile to apply for Special Immigrant Juvenile Status (SIJS).

SIJS status allows young people to:

  • Achieve meaningful Permanency Planning,
  • Live and work legally in the U.S.,
  • Obtain other critical benefits (e.g., housing and medical care),
  • Seek educational assistance and support,
  • And minimize risk of removal from the U.S. and traumatic separation from family and community.

History & Purpose

  • Established by the Immigration Act of 1990, modified in 1993, and significantly expanded by the 2008 Trafficking Victims Protection Reauthorization Act (TVPRA).
  • Aimed at protecting youth who are victims of abuse, abandonment, neglect, or similar family problems.
  • Federal law recognizes the training and experience of juvenile court judges and other judicial professionals, and asks state courts to make certain determinations.
  • Final SIJS eligibility determinations are made by USCIS.
  • USCIS or immigration judges determine whether a young person who obtains SIJS status is eligible for lawful permanent residency.

Sources of Law

  • Statutory Authority: INA § 101(a)(27)(J), codified at 8 U.S.C. § 1101(a)(27)(J); Introduced in 1990 and amended in 1993; Significantly expanded by 2008 TVPRA
  • Regulatory Authority: Regulations not yet modified to reflect 2008 TVPRA amendments. 8 CFR § 204.11
  • USCIS Administrative Appeals Office (AAO) decisions
  • USCIS Policy Memos
  • State Juvenile Court decisions
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Special Immigrant Juvenile Status (SIJS)

  • SIJS – Family Court Judge’s Role
  • SIJS – Federal Law Requirements
  • Guidance on Guardianship Matters
  • SIJS – Special Findings Order Form GF-42
  • SIJS – Role of Special Findings
  • SIJS – Challenges & Obstacles
  • Special Immigrant Juvenile Status (SIJS) Slide Presentation

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