USCIS Updates Policy Guidance on Special Immigrant Juvenile Classification - Comments Due April 19

USCIS updated its Policy Manual regarding the Special Immigrant Juvenile classification to incorporate changes agreed to in the settlement agreement resulting from the Saravia v. Barr class action suit. The agreement impacts the application of the USCIS consent function and the grounds upon which the agency may revoke an SIJ petition. The guidance is effective immediately and applies to cases pending on or after 3/18/21. Comments are due 4/19/21.

Policy Highlights

  • USCIS will not refuse its consent to a request for SIJ classification based in whole or in part on the fact that the state court did not consider or sufficiently consider evidence of the petitioner’s gang affiliation when deciding whether to issue a predicate order or in making its determination that it was not in the best interest of the child to return to his or her home country.
  • USCIS will not use its consent authority to reweigh the evidence that the juvenile court considered when it issued the predicate order.
  • USCIS will not revoke a petition for SIJ classification based in whole or in part on the fact that the state court’s best interest determination was not made with consideration of the petitioner’s gang affiliation.

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Cite as AILA Doc. No. 21031833.

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