Tag Archives: immigration status

Special Immigrant Juvenile Status & sponsorship

Q: I am a social worker helping a young person apply for Special Immigrant Juvenile Status (SIJS). Once she receives it and later becomes a U.S. citizen, she would like to sponsor her sister to immigrate to the U.S. Is that allowable under SIJS?

A: Yes, once she becomes a U.S. citizen (which generally she can apply for after 5 years with her green card), she will be able to sponsor her sister. SIJS does not allow her to ever sponsor her biological or prior adoptive parents.

Citation: 8 U.S.C. ยง 1101(a)(27)(J)(iii)(II).

For more information about immigration and child welfare, listen to a June 23, 2017 training conducted by the Immigrant Legal Resource Center in partnership with John Burton Advocates for Youth.

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Placement with relative that is not a legal resident

Q: With all that I am reading about immigration federally, I am worried about this ability of children to be placed with relatives. What happens for children who need to be placed with a relative who is not a legal resident? Is this allowed?

A: Yes. When a court orders removal of a child, the child may be placed with a non-custodial parent or relative regardless of the immigration status of the parent or relative.

Citation: California Welfare & Institutions Code Section 361.2(e)

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