Immigrant children and youth may be eligible for special types of immigration relief available just for children or they may be eligible for immigration relief in different ways than adults. In addition, separate procedures may and often do apply in the immigration process for children and youth. A federal law enacted in December 2008, called the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), introduced important protections for the treatment of unaccompanied minors in the immigration system, many of which have continued to be clarified in recent years, and others of which have come under attack.
Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth is an essential guide for those representing the increased number of unaccompanied minors who have migrated to the United States in recent years, as well as those representing immigrant youth who were brought to the United States at a young age and know no other home. In particular, this manual provides background and guidance on the protections, procedures, and immigration options for immigrant children, including unaccompanied minors under the TVPRA. It has a special focus on Special Immigrant Juvenile Status (SIJS), with an in-depth discussion of the legal requirements for SIJS eligibility, including “one-parent” SIJS cases, and step-by-step guidance for representing SIJS-eligible youth in both affirmative and defensive applications. The manual also provides information on other immigration options for children and youth, including: U Nonimmigrant Status, T Nonimmigrant Status, Violence Against Women Act protection, asylum (with a special discussion of unaccompanied minor asylum cases and evolving social group claims), family-based immigration options, citizenship, and others. It also addresses specialized issues such as working with and representing child clients, immigration consequences of delinquency and drug trafficking or gang involvement, and the immigration detention system for youth.
New in this Edition
- Updates on court processes and options for unaccompanied minors, U.S. juvenile immigration detention system, and criminalization of immigrant youth
- In-depth discussion of changes in policy and practice at USCIS that impact SIJS
- Updated analysis of the risks and benefits of applying for SIJS
- Updated chapter on T visas for immigrant youth, incorporating new T visa regulations
This guide contains:
- Useful samples for practitioners, including screening forms, sample SIJS and other applications
- State court and immigration court motions
- Court orders and other resources for helping advocates and their clients understand and interact with the juvenile court, immigration court, and immigration authorities