1. Special Immigrant Juvenile Status (SIJS)
Aimee Maldonado
Supervising Attorney of the Unaccompanied Minors Program at Catholic Charities of the Archdiocese of Galveston-Houston
© Catholic Charities of the Archdiocese of Galveston Houston.

2. What is SIJS?
Form of Immigration Relief for children who have been abused, abandoned, and/or neglected by a parent.
First introduced in the INA of 1990
Later amended by the TVPRA of 2008
© Catholic Charities of the Archdiocese of Galveston Houston.

3. Where can I find the requirements for SIJS?
§101(a)(27)(j) of the INA
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
Aka – TVPRA 2008
8 C.F.R. § – does not reflect the amendments made by the TVPRA of 2008
Clarifying Memorandum issued by Donald Neufeld on March 24, 2009
Subject: Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions

4. Who qualifies for SIJS? Child under §101(b)(1)
Unmarried
Under the age of 21
At the time of filing I-360
Declared dependent upon a juvenile court
Abused, abandoned, and/or neglected by one or both parents
Reunification is not viable with one or both parents due to abuse, abandonment, and/or neglect
Not in the child’s best interest to return to his/her or the parent’s count of nationality or last habitual residence
© Catholic Charities of the Archdiocese of Galveston Houston.

5. How are abuse, abandonment, and neglect defined?
Varies by state as this is determined by state law
Texas
Abuse - Texas Family Code Sec (1)
Neglect – Texas Family Code Sec (4)
Abandonment – Texas Family Code Sec (1) and Sec (1)(H)
Best Interest
Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976)
(1) the desires of the child; (2) the emotional and physical needs now and in the future; (3) the emotional and physical danger now and in the future; (4) the parental abilities of the individuals; (5) the programs available to assist to promote the best interest; (6) the plans for the child; (7) the stability of the proposed home; (8) the acts or omissions of the parent that implicate their fitness; and (9) any excuse for the acts or omissions of the parent
Zheng v. Pogash, 416 F. Supp. 2d 550, 561 (2006)

6. Do I qualify for SIJS?
My name is Walter. I am 17 and from Honduras. When I was 3 my dad came to live to the U.S. My father has always supported me from abroad. After he left, I lived with my mom until I was 5. I remember she would hit me with an electrical cord almost everyday. One day she left me at the house and never came back. I saw her one time in passing but she ignored me. After my mom left me, I went to live with my grandmother, but my grandmother died 2 months ago. I had nowhere to go so I decided to come the U.S. to be with my father.
© Catholic Charities of the Archdiocese of Galveston Houston.

7. Does Walter qualify for SIJS?
Is he under 21 years of age?
Is he unmarried?
Has he been abused, abandoned, and/or neglected by one or both parents?
Is reunification not viable with one or both parents due to abuse, abandonment, or neglect?
Is it is his best interest not to be returned to his or his parents’ country of national origin or last habitual residence?
© Catholic Charities of the Archdiocese of Galveston Houston.

8. Do I qualify for SIJS?
My name is Lesly. I am 14 and from Guatemala. I lived with my mom and dad until I was 12. When I was 12, my father raped me. When I told my mom we left the house and told the police. My dad went to jail briefly but is now out and I do not know his location. My mom is poor but provides for my needs and has always treated me well. She sent me to the U.S. because our neighborhood has gotten very dangerous due to the gangs.
© Catholic Charities of the Archdiocese of Galveston Houston.

9. Does Lesly qualify for SIJS?
Why or Why not?
Best interest considerations in your state
© Catholic Charities of the Archdiocese of Galveston Houston.

10. Do I qualify for SIJS
My name is Oscar. I am 19 and I am from El Salvador. My mom would get drunk everyday and would throw hot water at me and my brother. My mom eventually left us when I was When I was 16 my dad died. Me and my brother began to live in the streets. My brother came to the U.S. 2 years ago and I never heard from him again. The gangs started to threaten me so I had to leave El Salvador. I am living at a homeless shelter in the United States.
© Catholic Charities of the Archdiocese of Galveston Houston.

11. Does Oscar Qualify for SIJS?
Why or why not?
© Catholic Charities of the Archdiocese of Galveston Houston.

12. SIJS: 3 Step Process Obtain a Predicate Order Apply for SIJS
Apply for Legal Permanent Residence (LPR)
© Catholic Charities of the Archdiocese of Galveston Houston.

13. Obtaining a Predicate Order
What type of petition do I file?
Suit Affecting the Parent-Child Relationship (SAPCR)
Petition for Declaratory Judgment
Where do I file my petition?
What county does the child reside in?
Which court do I file in?
Civil
Family
Juvenile
When can I file the petition?
Standing - Depends on who is the petitioner
© Catholic Charities of the Archdiocese of Galveston Houston.

14. How do I file my petition?
Review the polices of the district court in your jurisdiction
E-filing
Filing fees
Does my client qualify for a fee waiver?
© Catholic Charities of the Archdiocese of Galveston Houston.

15. What must the Petition contain?
Discovery Level
Parties
Venue
Jurisdiction
Child’s information
Persons Entitled to Citation
Facts
Requests
Custody
Passport Provisions
Findings
Prayer
Findings
Child is dependent on the court
Child is under 21
Child is unmarried
Reunification not viable with one or both parents due to abuse, abandonment and/or neglect
Not in Child’s best interest to return to his/her or parents home country or country of last habitual residence
© Catholic Charities of the Archdiocese of Galveston Houston.

16. Serving the Parties Waivers Personal Service Citation by Publication
Attorney Ad Litem
© Catholic Charities of the Archdiocese of Galveston Houston.

17. What goes in the Order? Appearances Jurisdiction Standing
Child’s information
Findings
© Catholic Charities of the Archdiocese of Galveston Houston.

18. Court Date Court will set hearing Request Hearing Date
Uncontested Docket
Waiver
Default
Citation by Publication
E-file Order take a Copy to Court
Certified Interpreter
Forms
Texas - Bureau of Vital Statistics (BVS) Form
Call the court
Keep children out of the courtroom
© Catholic Charities of the Archdiocese of Galveston Houston.

19. The Judge signed the predicate order now what?
What forms do I need and where do I send them?
What do I have to include with the forms?
I-360
Many areas of the application will remain blank
G-28
Review all forms with client before they sign
Make copies of everything
No Filing Fees
Birth Certificate with Translation
Identification
School ID
Verification of Release “VRF” – previously in ORR Care
Signed Predicate Order
Certified Copy
Cover letter
Notice of Hearing – if child is in proceedings
© Catholic Charities of the Archdiocese of Galveston Houston.

20. My client’s I-360 has been approved. What’s next?
Termination
Adjustment in Court
Contact Office of the Chief Counsel
Motion to Terminate
Removal Proceedings Terminated
I-485
Inform Judge during hearing that the I-360 has been approved
Obtain Individual Hearing Date and Filing Deadlines
Obtain fee-in and biometrics instructions from the Assistant Chief Counsel
I-485
Individual Hearing
© Catholic Charities of the Archdiocese of Galveston Houston.

21. I-485 Application for Adjustment of Status
What forms do I need to file?
What documents do I need to include?
I-485
G-325
I-864W
G-28
Review all forms with client before they sign
Makes copies of everything
Filing Fees
I-360 Approval Notice
Birth Certificate with Translation
Identification
School
VRF – if previously at shelter
Passport
2 Passport Style Pictures
Put A number and name on back
Copy of Termination Order
Fee or Fee Waiver
Medical Exam
Obtain Vaccination Record
© Catholic Charities of the Archdiocese of Galveston Houston.

22. My client was never in removal proceedings does that change the process?
If your client was never in removal proceedings or those proceedings were terminated before the I-360 was filed then you can file the I-360 and I- 485 together.

23. Are there any grounds of inadmissibility that do not apply? YES
212(a)(4) – public charge
212(a)(5)(A) – labor certification
212(a)(6)(A) – aliens present without inspection
212(a)(6)(C) – misrepresentation
212(a)(6)(D) – stowaways
212(a)(7)(A) – documentation requirements
212(a)(9)(B) – aliens unlawfully present

24. Other important facts
SL6 – category list on the legal permanent resident card
Under the current statue, a legal permanent resident who applied for SIJS cannot petition for his/her parents, this includes the good parent
A child does not have to be an Unaccompanied Child to qualify for SIJS
Remind your client to apply for Naturalization once they qualify

25. Questions Aimee Maldonado
Catholic Charities of the Archdiocese of Galveston-Houston
6671 Southwest Freeway, Suite 600, Houston, Texas 77074
(713)