Immigrant children who are county dependents because they are victims of abuse, neglect or abandonment are among the most vulnerable people in the United States. But in many cases, the children or their advocates can obtain a critical legal benefit that will help the children gain control in their lives and successfully transition to adulthood. The ILRC has advocated for the rights of abused immigrant children in county care since 1990.
More... Immigrant children who have experienced abuse suffer the same emotional and physical problems as abused U.S. citizen children — and often more. Added to the other insecurities facing them, immigrant youth without documentation will not be able to work legally or qualify for in-state tuition at college, and face the constant threat of deportation. In addition, the counties caring for the children will not qualify for federal foster care matching funds if the children remain undocumented.
Help is available. Federal immigration law provides that dependent immigrant children in permanent placement can apply for lawful permanent residency (a "green card") as "special immigrant juveniles." The back of this flyer provides more information about the application requirements.
Your clients need you to tell them about this application and, if they qualify, to help them apply as soon as possible. Children’s counsel or county caseworkers can complete and submit the necessary paperwork. It is important to start early.
Abused immigrant children who are not county dependents may still be eligible for immigration benefits. An immigrant who was battered or abused by a U.S. citizen or permanent resident parent or spouse may be able to apply for permanent residence under the "VAWA" (Violence Against Women Act) immigration provisions. In this case the child (or spouse) does not have to have been taken in by the county or made a court dependent. However, the abuser must have been a permanent resident or U.S. citizen. For more information, go to www.nlg.org and go to national immigration project, the VAWA/domestic violence materials.
