Immigrant Youth

Term Page
Immigrant Youth
Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulations implementing the SIJS statute and then provides an overview of the new SIJS regulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.
In this resource – updated to reflect significant changes to the Visa Bulletin that will impact special immigrant juveniles beginning in April 2023 – we discuss the visa backlog for youth applying for a green card through special immigrant juvenile status (SIJS). We discuss how to determine when your client may apply for a green card and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.

Crafting a Successful SIJS State Court Predicate Order

Immigrant Youth

Level: Intermediate Eligibility for special immigrant juvenile status (SIJS) requires the involvement of a state juvenile court. This webinar will go over what needs to be included in a successful SIJS state court predicate order, looking at guidance...

In recent years, California’s appellate courts have provided guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. The following decisions clarify many of the common questions that these cases present in state courts, including one-parent SIJS, notice and service issues, and the role of the state court
The Central American Minors program (CAM) is a hybrid refugee and parole program. It benefits minors in El Salvador, Guatemala, and Honduras who have a parent or legal guardian living in the United States under certain forms of immigration status. The program was first introduced in 2014, but was terminated in 2017 under the Trump administration. The Biden administration reinstated the program in 2021 and added new eligibility criteria. This advisory gives an overview of the CAM program including its refugee and parole components, as well as subsequent re-parole applications for existing parolees who wish to maintain their status. Although only a designated refugee resettlement agency may file an initial CAM application, other practitioners play an important role in screening for possible CAM eligibility to make referrals to designated agencies and in assisting current CAM parolees.

Immigrant Youth

The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant youth, including unaccompanied minor (UAC) issues. Undocumented immigrant children are an extremely vulnerable population, especially when they enter foster care, removal proceedings, and/or the juvenile justice system. The ILRC works to expand the rights of these immigrant children through policy and advocacy efforts, numerous in-person and webinar trainings, and case-specific assistance. We also write one of the only national publications addressing immigrant youth issues entitled, Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth.

Many immigrant youth in the United States may be eligible to apply for lawful immigration status. One of the most common immigration options for immigrant youth is special immigrant juvenile status (SIJS), which is a pathway to a green card for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. Other common forms of relief for children include U visas (for children who were victims of crimes), relief under the Violence Against Women Act (for children who were abused by a U.S. citizen or permanent resident parent or spouse), and asylum (for children who are afraid of returning to their home country).

Latest Resources

Practice Advisory
Resources
Publication Date
01/23/2023
Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulations implementing the SIJS statute and then provides an overview of the new SIJS regulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.
Practice Advisory
Resources
Publication Date
03/30/2023
In this resource – updated to reflect significant changes to the Visa Bulletin that will impact special immigrant juveniles beginning in April 2023 – we discuss the visa backlog for youth applying for a green card through special immigrant juvenile status (SIJS). We discuss how to determine when your client may apply for a green card and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.
Practice Advisory
Resources
Publication Date
01/06/2023
In recent years, California’s appellate courts have provided guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. The following decisions clarify many of the common questions that these cases present in state courts, including one-parent SIJS, notice and service issues, and the role of the state court
Practice Advisory
Resources
Publication Date
12/19/2022
The Central American Minors program (CAM) is a hybrid refugee and parole program. It benefits minors in El Salvador, Guatemala, and Honduras who have a parent or legal guardian living in the United States under certain forms of immigration status. The program was first introduced in 2014, but was terminated in 2017 under the Trump administration. The Biden administration reinstated the program in 2021 and added new eligibility criteria. This advisory gives an overview of the CAM program including its refugee and parole components, as well as subsequent re-parole applications for existing parolees who wish to maintain their status. Although only a designated refugee resettlement agency may file an initial CAM application, other practitioners play an important role in screening for possible CAM eligibility to make referrals to designated agencies and in assisting current CAM parolees.
Practice Advisory
Resources
Publication Date
09/27/2022
California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues of juvenile confidentiality before USCIS.
FAQs & Explainers
Resources
Publication Date
09/07/2022
This resource summarizes the ICE Parental Interests Directive – a critical tool to help child welfare agencies address challenges for detained or deported parents – and explains how to use the Directive to advocate with ICE. It also discusses the heightened need for advocacy during the COVID-19 pandemic.
Practice Advisory
Resources
Publication Date
06/23/2022
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.
Practice Advisory
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Practice Advisory
Resources
Publication Date
03/29/2022
This advisory gives an overview of the SIJS-based adjustment of status process. It will give step-by-step guidance for both the affirmative process, for young people who are not in removal proceedings, and for the defensive process, for young people who are in removal proceedings before the Executive Office for Immigration Review.
FAQs & Explainers
Resources
Publication Date
03/16/2022
On March 7, 2022, U.S. Citizenship & Immigration Services (USCIS) announced a new policy that applies to young people who have been granted Special Immigrant Juvenile Status (SIJS) but are not yet able to become a green card holder because they are waiting for a visa to be available (“the visa backlog”). The new policy, which goes into effect May 6, 2022, provides for young people stuck in the visa backlog to be granted deferred action, which will allow them to apply for work authorization. This guide addresses some questions the community may have about this recent change.
Resources
Resources
Publication Date
03/09/2022
A U visa is a type of immigration status for victims of certain crimes who have been helpful in the investigation or prosecution of that criminal activity. This one-page guide provides an overview on the U visa, what it provides, and who qualifies.