What Special Findings DO
- Allows youth to apply for SIJS
What Special Findings DON’T DO
- Does NOT guarantee lawful permanent resident status but does provide an eventual pathway to lawful permanent resident status
- Does NOT provide immigration benefit to parent and/or guardian/custodian
- IS NOT considered a conviction for immigration enforcement purposes but may impact a parent(s) ability to seek immigration status, benefit or relief from removal
- Does NOT provide standing for a child to later petition for either parent to receive lawful permanent resident status
- In the experience of advocates, parents have not been negatively impacted by being named in a SIJS Order. However, there is no guarantee that a SIJS will not be a factor in determining eligibility for immigration benefits and relief.
- A non-citizen parent will NOT be able to obtain immigration status from the child who is granted SIJS relief, even if they aren’t the parent accused of abuse/abandonment/neglect.
Findings are unlikely to be used by immigration against a non-citizen parent in the future, BUT any admission by a parent to abuse/abandonment/neglect could impact their immigration as it could be admission to a ground of inadmissibility and/or a basis to deny a future immigration benefit (good moral character).
