Tag Archives: immigration status

Special Immigrant Juvenile Status – when to close the dependency case

Q: I’m working with a youth who is trying to get Special Immigrant Juvenile Status (SIJS). Once the Department of Child and Family Services files for SIJS and it’s “pending” can we close the dependency case?

A: No, the dependency case must remain open until the child receives their green card, unless the court’s jurisdiction is terminated due to the youth’s age (for example, when the youth turns 18 or 21).

Citation: 8 C.F.R. § 204.11(c)(5)

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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. § 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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