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Proposal to Amend Special US Immigrants Juvenile Regulations
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Public comment on a proposal to amend the Special Immigrant Juvenile (SIJ) regulations is sought by U.S. Citizenship and Immigration Services (USCIS).
The current rules allow USCIS to issue SIJ status for certain children living in the US if they are:
- Declared dependents of a juvenile court located in the United States; or
- Legally committed to, or placed in the custody of, an agency or department of the state in which the child is residing.
Accordingly, a child will be immediately eligible to apply for permanent resident in the US as soon as they are granted SIJ classification.
If the proposa amendment is approved, USCIS will be permitted to issue SIJ classification to petitioners whose reunification with one or both parents is not possible because of abuse, neglect, abandonment or a similar basis found under US immigration law.
Under the proposal, SIJ status would still be granted for petitioners who turn 21 years of age while their petition is pending. Petitioners would also be required to have a valid juvenile court order that is in effect at the time of filing.
The deadline for accepting public comment at USCIS is November 7, 2011.
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