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.
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]
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