USCIS Updates Guidance for Special Immigrant Juvenile Petitions
The U.S. Citizenship and Immigration Services (USCIS) has announced an update to its guidance for Special Immigrant Juvenile (SIJ) petitions, aiming to streamline the adjudication process and enhance efficiency. These changes align with a declaratory order in the Casa Libre/Freedom House v. Mayorkas case, issued on July 31, 2023. The updated guidance clarifies the time frame for adjudicating SIJ petitions and provides clarity on the scope of the process.
USCIS is now required to make a decision on the SIJ petition within 180 days from the filing date. However, this time frame does not extend to the adjudication of subsequent motions or appeals filed after the initial denial of an SIJ petition. It is crucial for applicants and their legal representatives to be aware of this distinction during the SIJ process.
The SIJ classification offers protection to noncitizens in the United States who have experienced abuse, abandonment, or neglect by a parent and require the intervention of a juvenile court. Eligible individuals can file an SIJ petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. If granted SIJ classification, noncitizens may become eligible to apply for a Green Card.
The updated guidance aims to improve efficiency in the SIJ adjudication process, providing applicants, legal representatives, and stakeholders with a clearer understanding of the process and enabling better planning and management of expectations.
By aligning with the declaratory order in the Casa Libre/Freedom House v. Mayorkas case, the time frame for the initial petition's adjudication is clearly defined. USCIS' commitment to improving the SIJ process reflects its dedication to providing a fair and efficient pathway for vulnerable individuals in need of protection in the United States.
