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Special Immigrant Juvenile Status

(Immigration Portion)

Eligible unaccompanied immigrant children are entitled to special protections under U.S. law. Because these children and teens are often orphans, neglected, or fleeing abusive home lives, they are defenseless and often targets of exploitation—both in their home countries and in the U.S. Special Immigrant Juvenile Status allows a child to remain in a safe environment in the U.S., to attend school, and eventually to obtain lawful permanent residency.

ro Bono1 assistance is critical to protect an unaccompanied child’s rights because without legal counsel, these children may never know or exercise their rights.

23.1 Overview

Special Immigrant Juvenile Status (“SIJS”) was specifically created for an undocumented child2 who is under the jurisdiction of a state juvenile court and who cannot be returned to the child’s parents due to abuse, neglect, or abandonment.

Once a child who has received Special Immigrant Juvenile Status becomes a permanent resident, the child’s parents are permanently barred from receiving any immigration benefit based on their relationship to the child.

This chapter provides a substantive overview of the immigration portion of the SIJS process. See chapter 22 for an overview of the first portion, which takes place in the family court.

1 As with adults placed in removal proceedings, an unaccompanied child “shall have the privilege of being

represented, at no expense to the Government.” INA § 240(b)(4) (emphasis added).

2 An “unaccompanied alien child” is a child who: “(A) has no lawful immigration status in the United States; (B) has

not attained 18 years of age; and (C) with respect to whom (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.” 6 USC § 279(g)(2).

Chapter

23

P

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Immigration Portion of Special Immigrant Juvenile Status

Order from Family Court

↓

Child is in Removal Proceedings

←

Determine Route

→ Child is Not in Removal Proceedings

↓

↓

PB Researches Passport Issue and Follows Through With Steps to Obtain Passport

PB Researches Passport Issue and Follows Through With Steps to Obtain Passport

↓

↓

PB Files I-360 with DDO via the Chicago Lock Box; and either (a) Sends Courtesy Copy to ICE and EOIR, or (b) Files in

Court at Upcoming MH

PB Files I-130/I-485 and All Attachments

Simultaneously with DDO

↓

↓

PB Receives I-360 Receipt Notice

PB Receives I-360 and I-485 Receipt Notices

↓

↓

PB Receives Interview Notice (via fax or mail)

If Child is 14 or Older PB Receives Biometrics

Appointment and Should forward to Client ASAP.

Client Attends Appointment and is Processed.

↓

↓

PB Attends Interview Prep at HRI; PB Conducts Interview

Prep with Client

Child is Interviewed at DDO and I-360 and I-485 are Granted

(in Person or Via Mail)

↓

↓

Child is Interviewed at DDO and I-360 is Granted

(in Person or Via Mail)

→ → → ↑ ↑

→ →

PB Schedules InfoPass

Appointment for Client (for processing of LPR Card)

↓ ↑ ↓ PB Files I-485 and

G-325 to TSC with Fees. File original I-485 package with

EOIR and Courtesy Copy to ICE

↑ ↑ ↑

Client Attends InfoPass

Appointment

↓ ↑ ↓ Individual Hearing – Client is

Granted Permanent Residence → → → → ↑ Client Receives LPR Card in

about 60 days Via Mail

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23.2 Application and Eligibility for Special Immigrant Juvenile and Lawful Permanent

Resident Status

1. Initial Considerations. Prior to filing, the child’s eligibility for SIJS must be cautiously

evaluated. If a child has already been placed in removal proceedings, there is little harm in filing a petition. For a child who is not in removal proceedings, however, filing a petition may initiate removal proceedings because the information in the child’s petition is not confidential, which may be used to locate, apprehend, and prosecute the child.

Although U.S. Citizenship and Immigration Services guidelines provide for expedited processing in cases at risk for aging out (i.e., cases in which the child may turn age 18 prior to approval), due consideration should be given to only filing the I-360 petition first, and then later filing the I-485 application, which often takes more time to prepare and assemble.

Additionally, a child who is already in immigration proceedings (e.g., removal) must first file the I-360 petition, and if approved, then files the I-485 in immigration court and adjusts status before an immigration judge.

2. Filing the I-360:3 Petition for Special Immigrant Juvenile Status

a. What to File. A complete I-360 package must include the following items:

Cover Sheet. The cover sheet simply notes the type of document submitted

to the service (i.e., “I-360: Petition for Special Immigrant Juvenile Status”).

See Appendices for a Sample I-360 Cover Sheet.

Cover Letter. The cover letter identifies the petitioner, the petitioner’s alien registration number (if in removal proceedings), the type of petition submitted, and explains the enclosures in support of the petition.

NOTE: Both the cover sheet and cover letter should include an explicit warning if the client is in imminent jeopardy of aging-out (i.e., only within six months of age 18). The warning should state substantially “PLEASE EXPEDITE PROCESSING as the Petitioner is at imminent risk of aging-out on [petitioner’s birth date].”

See Appendices for a Sample I-360 Cover Letter.

Notice of Entry of Appearance [Form G-28]. The submission must include

an attorney representation form, signed by the attorney who prepared the client’s petition and who will represent the client at the interview. Submission of Form G-28 gives USCIS consent to contact the attorney directly with information concerning the petitioner’s case. Typically, the attorney of record

3 The petition is styled “I-360, Petition for Amerasian, Widow(er), or Special Immigrant” and may be found online at

the U. S. Citizenship and Immigration Services website at http://www.uscis.gov/.

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will receive duplicates of all correspondence mailed to the client. Form G-28 must be printed on light blue paper.

See Appendices for a Sample Form G-28.

I-360 Petition. A correctly-completed petition, signed by both the petitioner and the attorney, must be included. See Section 3, below, for specific

instructions on how to properly complete the form.

Filing Fee. At present, the filing fee for the I-360 petition is waived for

juveniles.4 However, there are fees associated with the I-485 Application. Please see the section below for more information about this part of the process.

Family Court Order. The package must include a complete original certified

copy of the family court order, which must establish the predicate findings of fact to establish the petitioner’s eligibility.5

Proof of Juvenile’s Age and Identity. Documentation establishing the

child’s age must be submitted. The most common items submitted are copies of the child’s passport or birth certificate, although other documents may also be used.6

Child’s Affidavit (optional). A supporting affidavit may be included which succinctly but briefly described the child’s circumstances, family background, and other information to support eligibility. Although an affidavit is not required, it may be helpful to provide the adjudicator with a brief chronology of events and other background information to assist in conducting the interview. Considerable caution must be used, however, as any inconsistencies between the petitioner’s affidavit and interview testimony may be detrimental to the client’s success. Especially for younger clients or for client’s who exhibit weak interviewing skills, an active advocacy role in shaping the interview and checking the adjudicator is a better option.

Supplemental Evidence and/or Affidavits. Any helpful documentary

evidence in the client’s possession should be included in the petition, especially evidence relied upon by the family court judge in issuing the

4 To verify a fee, either (a) go to the USCIS website at www. uscis.gov, and scroll down to “Forms and E-Filing”, and

check the appropriate form, or (b) call the National Customer Service Center at (800) 375-5283 to request fee information.

5 See supra note (“The Court Order submitted in support of the Form I-360 must establish: the juvenile has been

declared a dependent of the juvenile court or the court has placed the juvenile under (or legally committed the juvenile to) the custody of an agency or department of a State; and the juvenile has been deemed eligible for long-term foster care due to abuse, neglect, or abandonment. The Court Order will also preferably establish […] that it would not be in the alien’s best interest to be returned to the alien’s home country”). (emphasis added).

6 See 8 CFR § 204.11(d)(1) (“Documentary evidence of the alien’s age, in the form of a birth certificate, passport,

official foreign identity document issued by a foreign government […] or other document which in the discretion of the director establishes the beneficiary’s age”).

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dependency order (e.g., evidence to establish that family reunification is not a viable option).

Evidence may include: news articles; supporting affidavits; medical records; death certificates (for parents or other care-givers).

All documents in a foreign language must be accompanied by a certified English translation.

Country Conditions Report. It is imperative to provide evidence to

establish past and current country conditions that support the family court’s finding that it is not in the child’s best interest to return home. Therefore, a complete copy of the Country Conditions Report7 must be included with the petition, with the relevant portions highlighted. Pertinent information concerning juveniles will be found under “Section 5: Discrimination, Societal Abuses, and Trafficking in Persons” under the subcategory of “Children”8 and under “Section 6: Worker Rights” under subsection D, “Prohibition of Child Labor and Minimum Age for Employment.”

Use of additional supporting nongovernmental reporting sources (e.g., Amnesty International, Human Rights Watch) is recommended.

b. Where to File. Although the I-360 instructions state that the petition should be

filed with the local district office, the petition should be filed with the Chicago lockbox.9 The cover letter should indicate that the file should be forwarded to the Dallas district office after initial receipt and processing.10

Via Mail: USCIS

P.O. Box 805887 Chicago, IL 60680-4120

Via Private Courier:

USCIS Attn: FBASI

7 A report may be obtained at the U.S. Department of State website at http://www.state.gov/g/drl/hr/c1470.htm. The

Country Reports on Human Rights Practices are submitted annually by the U.S. Department of State to the U.S. Congress. The reports cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights.

8 Depending upon the client’s particular gender and personal circumstances, additional information may also be

found under Section 5, under the subcategories of “Women” and “Trafficking in Persons.” The entire report should be thoroughly reviewed, however, and any reference pertinent to the client’s case should be highlighted.

9 For regular delivery, the package should be addressed and delivered to “U.S. Citizenship and Immigration Services,

PO Box 805887, Chicago, Illinois 60680-4120.” For delivery by courier (e.g., Federal Express), the package should be addressed and delivered to “U.S. Citizenship and Immigration Services, Attn: FBASI, 427 S. La Salle, 3rd Floor, Chicago, Illinois 60605-1098.”

10 (i.e., “Upon initial processing, the file should be forwarded to the Dallas District Office at 8101 North Stemmons

Freeway, Dallas, Texas 75247, which holds jurisdiction over the Petitioner’s place of residence”).

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131 South Dearborn, 3rd Floor Chicago, IL 60603-551

3. How to Complete the I-360 Petition11. A properly-completed, legible petition and

accompanying required and supplemental documentation must be submitted. Failure to properly or legibly complete the form or to attach required documentation may be grounds to deny the petition and for the client to be found ineligible for relief.

See Appendices for a Form I-360 Petition for Special Immigrant.

Part 1. Information about person or organization filing this petition.

Fill in the client’s last name, first name, and middle name.

Fill in the client’s mailing address.

Fill in the client’s alien registration number (i.e., A#), if any.

Fill in the remaining unused boxes (i.e., Company or Organization Name, U.S. Social Security # and IRS Tax #) with “None.”

Part 2. Classification requested.

Check box C (“Special Immigrant Juvenile”).

Part 3. Information about the person this petition is for.

Fill in the client’s last name, first name, and middle name.

Fill in the client’s mailing address.

Fill in the client’s date and country of birth.

Check “single” for marital status.12

Fill in the date of arrival in the United States.13

Fill in the client’s I-94 number and expiration date (only if client entered with passport and visa).

Fill in current nonimmigrant status as follows:

If in status, fill in the visa designation as appears on the I-94 card.

If not in status (e.g., visa has already expired, entered without inspection), fill in “N/A.”

Part 4. Processing information.

Fill in the city and the country for the American Consulate in the child’s home country.14

11

Immigration forms are available on the U.S. Citizenship and Immigration Services website at www.uscis.gov.

12 It is possible though unlikely that a child client may also indicate “divorced” or “widowed” as an appropriate marital

status. The child is ineligible, however, if married.

13 If the client entered using a passport, use the date of entry as indicated on I-94 card. If, however, the client entered

and was apprehended, use the date of entry in the allegations of the Notice to Appear. If the client is uncertain of but has a general notion as to the date of entry, state “on or about” or “approximately” and the estimated date of entry. If the child does not know (e.g., child was infant or very young), simply state “unknown.”

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Fill in “N/A” for the name and address for the petitioner’s foreign address.

Check the applicable box for the remaining questions.

Note: If the client is in removal proceedings, a supplemental explanation is required.

See Appendices for a Sample Supplemental Explanation.

Part 5

Leave blank.

Part 6. Complete only if filing for Special Immigrant Juvenile Court Dependent.

Check “yes” for both boxes.

Part 7.

Leave blank.

Part 8: Information about the spouse and children of the person this petition is for.

Fill in “None” for Family Name in fields A through H.15

Fill in “N/A” in the remaining spaces in fields A though H.

Part 9. Signature.

Have the client sign the petition.

Fill in the client’s full name and date the petition is signed.

Leave a blank in the section for the signature of USCIS or consular official.

Part 10. Signature of person preparing form.

Sign the petition.

Fill in your name and date the petition is signed.

Fill in your firm name and mailing address.

4. Filing the I-485:16 Application for Adjustment of Status. This form is used to

apply to adjust the client’s status to that of a permanent resident (i.e., “green card” holder) of the United States. As a lawful permanent resident, the client is authorized to live and work in the United States, to travel abroad, to access certain federal benefits, and after five years, may apply for U.S. citizenship.

14

A list of consulates is available on the Department of State website at www.state.gov.

15 If the client has a child or children, fill in the appropriate information for each child.

16 The application is styled “Application to Register Permanent Residence or Adjust Status” and may be found online

at the U. S. Citizenship and Immigration Services website at http://www.uscis.gov/ and click on “Immigration Forms.”

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Special Immigrant Juvenile Status petitioners may apply for adjustment of status while in the United States17 (as opposed to having to leave the U.S. and proceed through consular processing abroad).

Although subject to grounds of inadmissibility and deportability,18 most do not apply to Special Immigrant Juvenile Status petitioners,19 while other grounds may be waived.

A petitioner may be barred from permanent residency for the following:

Having a record of involvement with drugs, prostitution, or other crimes;20

Diagnosed HIV+;

Classed as mentally ill, suicidal, or as a sexual predator; or

Having committed visa fraud or been previously deported.

See Appendices for SIJS Overview and Adjustment of Status “Cheat Sheet.”

a. When to File the I-485 Application.

i. If the child is in removal proceedings the I-485 cannot be filed until the I-

360 is approved. At that point the application will either be submitted in court or the judge will administratively close proceedings and allow the child to adjust through the Dallas District Office. HRI will advise you about how to proceed based on the specific circumstances in your case and the judge your client is in front of.

ii. If the child is not in removal proceedings the I-485 and supporting

documents should be filed concurrently with the I-360 Petition. b. Completing the I-485 Application and the required items:

Part 1. Information about you.

Complete basic biographical information about the child.

Part 2. Application Type.

Check box “A”: An immigrant petition giving me an immediately available immigrant visa number has been approved.

Part 3. Processing Information.

17

See INA § 254(h).

18 See INA § 237(a), 8 USC § 1227(a), and INA § 212(a), 8 USC § 1182(a).

19 See INA § 237(c), 8 USC § 1227(c); INA § 245(h)(1), (2)(A), 8 USC § 1255(h)(1), (2)(A).

20 An adjudication in juvenile court, however, is not a “conviction” for immigration purposes. See Matter of Devison,

Int. Dec. 3435 (BIA 2000); See also Matter of Ramirez-Rivero, 18 I&N 135 (BIA 1981).

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As the child each of these questions. If the answer to any of these questions is yes, please contact HRI to discuss the issue further.

Part 4. Signature.

Both you as the preparer and the child as the applicant should sign the form where indicated.

i. I-485 Application for Adjustment of Status.

1. Filing Fees. $930. All children who are 14 or older must also submit a fee of 80 for the biometrics fee. If the child is unable to pay the fee, he can apply for a fee waiver.

2. Fee Waiver. If the child is unable to pay the fee, he/she will need

to request a fee waiver. Pursuant to 8 CFR 103.7 (c), the following items must be submitted as evidence with the fee waiver:

a. Affidavit Requesting Fee Waiver.21 b. Supporting documentation establishing the child is

indigent and unable to pay the fee. c. Considerations: When reviewing fee waiver requests, CIS

officers will consider the following factors22:

i. Officer will note any evidence or documentation concerning applicant’s living arrangements in the U.S.

ii. Applicant’s extraordinary expenditures for self and/or dependents.

iii. Contributions from others residing in the household.

The applicant must demonstrate an “inability to pay.” Officers will consider:

i. Whether within the last 180 days the child qualified or

received “federal means-tested benefits.” Since HRI’s child clients are ineligible for federal aid, consider asking the guardian if other children in the household have received federal aid.

ii. The household income for the most recent tax year is at or below the poverty guidelines contained in the most recent poverty guidelines, Secretary of Health and Human Services “Poverty Guidelines.” The guidelines can be found online at: http://aspe.hhs.gov/poverty/

iii. The child has some type of disability. iv. The child’s age.

21

See Appendices for a sample Affidavit Requesting Fee Waiver.

22 See Appendices for a copy of Press Office, U.S. Department of Homeland Security, U.S. Citizenship and

Immigration Services, Fact Sheet, USCIS Fee Waiver Guidance, 29 March 2004.

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v. Any humanitarian or compassionate reasons, such as hardship caused through separation from parents.

Please also see the DHS Fact Sheet in the Appendices for examples of documentation which can be used to evidence the above standard. In our experience it is unlikely that the fee waiver will be denied. In instances where a fee waiver is denied, the package will be returned to the attorney of record. If this occurs, please contact HRI and we will review the matter with you.

3. Two color passport style photographs of each applicant. The

photograph must be no more than ninety days old from the time the application is submitted. The photos must show a three-quarter front profile of the right side of the applicant's face, with his/her right ear visible. The applicant's head should be bare and the photo should not be larger than 1-½ x 1-½ inches. You may go to any store that does passport photos. One local location, which is also less costly, is the Immigration Photo and Service Center, located at 1140 Empire Central, Dallas, Texas 75242, (214) 634-4404. It is located across the street from the Citizenship and Immigration Services, Dallas District office off of I-35.

ii. Notice of Entry of Appearance [Form G-28]. The submission must

include an attorney representation form, signed by the attorney who prepared the client’s application and who will represent the client at the interview. Submission of Form G-28 gives USCIS consent to contact the attorney directly with information concerning the applicant’s case. Typically, the attorney of record will receive duplicates of all correspondence mailed to the client. Form G-28 must be printed on light blue paper. Note: a separate G-28 should be filed with the I-360 Petition AND the I-485 Application even if they are filed concurrently.

iii. I-693 Medical with Vaccination Supplement. Only a civil surgeon

designated by the CIS to conduct medical examinations may complete the Form I-693 and the vaccination supplement submitted with it. Please call 1-800-375-5283 to find an approved medical practitioner near the client. This information is also available on the CIS website at www.uscis.gov or by contacting HRI. The required vaccinations can be taken at the local health department. HRI can also provide you with this information. In this instance, the child should take his/her complete vaccination record to the civil surgeon so that the vaccination information can be transcribed onto the official medical exam form. The medical exam and vaccination supplement will be sealed in an envelope. DO NOT open the sealed envelope. It must be sealed when it is submitted.

The client will be provided a copy of the exam. Please review the copy to determine if there are any medical concerns, such as tuberculosis. We recommend you forward a copy of the exam to HRI for review prior to submission so that HRI can make sure that it was properly completed. It

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is not uncommon for us to find errors on these forms. It will save the child considerable time if the error is corrected prior to submission.

iv. G-325 Biographic Information. The G-325 should be submitted along

with the I-485 Application. This form contains basic biographical information, such as information about the child’s parents and previous addresses. Although the form is pretty self explanatory, it is important that it is thoroughly completed. One important note is the signature area: “If your native alphabet is in other than Roman letters, write your name in your native alphabet below”. If this area applies to your client, you should have the child print his/her full name in his/her native language, such as in Arabic or Amharic.

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Chapter 23 Special Immigrant Juvenile Status

Index of Appendices

Appendix 23-A Sample I-360 & I-485 Cover Sheet

(Child Not in Removal Proceedings)

Appendix 23-B Sample Index of Evidence

Appendix 23-C Sample I-360 Cover Letter (Child Not in Removal Proceedings)

Appendix 23-D Sample G-28 Notice of Entry of Appearance

Appendix 23-E I-360 Petition for Special Immigrant

Appendix 23-F Sample Supplemental Explanation

Appendix 23-G I-485 Application to Adjust Status

Appendix 23-H G-325 Biographical Form

Appendix 23-I SIJS Overview and Adjustment of Status “Cheat Sheet”

Appendix 23-J Sample Affidavit Requesting Fee Waiver.

Appendix 23-K Press Office, U.S. Department of Homeland Security, U.S.

Citizenship and Immigration Services, Fact Sheet, USCIS Fee Waiver Guidance, 29 March 2004.

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Appendix 23-A

Sample I-360 Cover Sheet (Child Not in Removal Proceedings)

I-360 Petition:

Special Immigrant Juvenile Status

&

I-485 Application:

To Register Permanent Residence

or Adjust Status

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Appendix 23-B

Sample Index of Evidence

LNAME, Fname

A##-###-###

INDEX OF EVIDENCE

EXHIBIT NO. DESCRIPTION

EVIDENCE OF PREDICATE JUVENILE COURT FINDINGS

1. Court Order, from ### Judicial District, CITY, COUNTY County, Texas,

certified copy, dated DATE, finding Fname LNAME (henceforth

“Applicant”) is dependent on the court and eligible for long term foster

care due to abuse, neglect, or abandonment, and that it is not in

Applicant’s best interest to be returned to COUNTRY.

EVIDENCE OF APPLICANT’S IDENTITY

2. Copy of Applicant’s birth certificate (and translation with notarized

certificate of translation).

3. Copy of Applicant’s passport.

4. Copy of letter providing verification of Applicant’s enrollment and

attendance at SCHOOL in CITY, STATE.

5. Copy of Applicant’s school photo identification card.

EVIDENCE CONFIRMING THAT APPLICANT

WAS ABUSED, NEGLECTED, OR ABANDONED BY PARENTS

6. Affidavit of Applicant, testifying to the facts and circumstances of _____.

7. Copy of Applicant’s PARENT’s death certificate.

8. Affidavit of Fname Lname, [family relationship, if any], testifying to the

facts and circumstances of _____; and attached translation of original

document with notarized certificate of translation.

EVIDENCE SUPPORTING ORDER OF CHLD’S BEST INTEREST

NOT TO RETURN TO HOME COUNTRY

9. U.S. Department of State, Country Reports on Human Rights Practices –

YEAR: COUNTRY, Sections ###, ### (DATE) (emphasis added).

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Appendix 23-C

Sample I-360/I-485 Cover Letter (Child Not in Removal Proceedings)

DATE

U.S. Citizenship and Immigration Services

PO Box 805887

Chicago, Illinois 60680-4120

RE: I-360 Petition for Special Immigrant Juvenile Status; and

I-485 Application to Register Permanent Residence or Adjust Status

Applicant Name: Fname LNAME; A##-###-###

Our File No.: ##-##-J

Dear Sir or Madam:

Enclosed please find the following application for your review and adjudication:

1. G-28 Notice of Entry of Appearance as Attorney or Representative;

2. I-360 Petition for Special Immigrant Juvenile Status.

3. I-485 Application to Adjust Status, with $1,010.00 money order for filing fee and

biometric fee; and two (2) color passport photos;

4. G-325 Biographic Information;

5. I-693 Medical Examination of Aliens Seeking Adjustment of Status;

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6. Court Order, certified copy, dated DATE, from ### District Court, COUNTY

County, finding:

a. Applicant is dependent upon the court;

b. Applicant is eligible for long term foster care due to abuse, neglect, or

abandonment; and

c. It is not in applicant’s best interest to be returned to COUNTRY, Applicant’s

previous country of nationality or habitual residence.

7. Copy of Applicant’s Birth Certificate (and translation with notarized certificate of

translation);

8. Additional Supporting Evidence:

a. Proving abuse, neglect, or abandonment of applicant;

b. Substantiating state family court’s order declaring not in child’s best interest

to be returned to COUNTRY; and

c. Verifying Applicant’s enrollment and attendance at SCHOOL.

9. Country Reports on Human Rights Practices – YEAR: COUNTRY; released by the

U.S. Department of State, Bureau of Democracy, Human Rights, and Labor

(DATE).

Upon initial processing, the file should be forwarded to the Dallas District Office, which

holds jurisdiction over the Petitioner’s place of residence.

If you have any questions, or need any additional information, please contact me at (###)

###-####. Thank you for your timely attention to this matter.

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Appendix 23-D

Sample Form G-

28

This form should be printed on blue paper and signed by the attorney and the client. A separate G-28 must be provided for each application/petition.

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Appendix 23-E

Sample I-360 Petition for Special Immigrant

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Requirements

for Abused

Immigrant

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Mailing

Info.

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Be sure to answer every question and do not leave anything

blank.

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Both the attorney and the client must sign and date the

form

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Appendix 22-F

Sample Supplemental Explanation

LNAME, Fname

A###-###-### I-360, Petition for Special Immigrant Juvenile Status Part 4. Processing Information. Is the person this petition is for in deportation or removal proceedings? If yes, explain on separate sheet of paper. Fname Lname, identified by alien registration number ###-###-###, is in removal proceedings under the jurisdiction of the Executive Office of Immigration Review in the immigration court in Dallas, Texas. Fname Lname’s next appearance is a Master Hearing scheduled before Judge [Lname] on DAY, MONTH DATE, YEAR at TIME at the immigration court in Dallas, Texas.

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Addendum G

I-485 Application for Adjustment of Status

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Appendix 22-H

G-325 Biographic Information

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Appendix 22-I

Pro Bono SIJS Overview Sheet

Client Name:

Alien No.:

DOB:

Date Event

Entry at or near City, State

I-183 Record; generated by border patrol agent

Transfer of physical custody to ORR

Released from ORR custody to care of

Original Petition and Suit Affecting Parent-Child Relationship

Order in Suit Affecting the Parent-Child Relationship

I-360 Petition; Filing Date

I-360 Petition; Notice Date [Receipt No. ##########]

USCIS Interview Notice Received

USCIS Interview

I-360 Petition; Approval Notice

I-485 Application; delivered via FedEx to Texas Service Center

Master Calendar Hearing; I-485 Application; in-court presentation

ASC Appointment Notice [Application No. ##########]

ASC Appointment

Cross-service package delivered (both court and ICE)

Individual Hearing

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ADJUSTMENT OF STATUS “CHEAT SHEET”

INA § 212 [8 USC § 1182]

Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission:

(1) Health-related grounds

(2) Criminal and related grounds

(A) Conviction of certain crimes

(B) Multiple criminal convictions

(C) Controlled substance traffickers

(D) Prostitution and commercialized vice (E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution

(F) Waiver authorized

(G) Foreign government officials who have committed particularly severe violations of religious freedom

(H) Significant traffickers in persons

(I) Money laundering

(3) Security and related grounds

(A) In general

(B) Terrorist activities

(C) Foreign policy

(D) Immigrant membership in totalitarian party (E) Participants in Nazi persecution, genocide or the commission of any act of torture or extrajudicial

killing

(F) Association with terrorist organizations

(4) Public charge

(5) Labor certification and qualifications for certain immigrants

(A) Labor certification

(B) Unqualified physicians

(C) Uncertified foreign health-care workers

(D) Application of grounds

(6) Illegal entrants and immigration violators

(A) Aliens present without admission or parole

(B) Failure to attend removal proceeding

(C) Misrepresentation

(D) Stowaways

(E) Smugglers

(F) Subject of civil penalty

Updated August 2008

23-41

Deemed paroled: § 245(h)(1)

See I-693: Medical Exam

No medical concerns noted.

No criminal record; No reported criminal activities; No reported arrests or detention for alleged criminal activities.

No security concerns indicated.

No reported political affiliations or memberships.

No suspected affiliation with terrorist or subversive organizations.

Not applicable: § 245(h)(2)

Not applicable: § 245(h)(2)

Deemed paroled: § 245(g); (h)(1)

No false claims to U.S. citizenship.

(7) Documentation requirements

(A) Immigrants

(B) Nonimmigrants

(8) Ineligible for citizenship

(A) In general

(B) Draft evaders

(9) Aliens previously removed (A) Certain aliens previously removed

(B) Aliens unlawfully present

(I) Minors: No period of time in which an alien is under 18 years of age shall be taken into account

in determining the period of unlawful presence in the United States under clause (i).

(C) Aliens unlawfully present after previous immigration violations

(10) Miscellaneous

(A) Practicing polygamists

(B) Guardian required to accompany helpless alien

(C) International child abduction

(D) Unlawful voters

(E) Former citizens who renounced citizenship to avoid taxation

Updated August 2008

23-42

Not applicable: § 245(h)(2)

Not applicable.

No concerns indicated.

Registered for selective service.

Not previously ordered removed or granted voluntary departure.

< 180 days presence

No other immigration violations.

No concerns

Updated August 2008

23-43

Appendix 17-J

Updated August 2008

23-44

Updated August 2008

23-45

Updated August 2008

23-46

Updated August 2008

23-47

Updated August 2008

23-48

Updated August 2008

23-49

Updated August 2008

23-50

Appendix 23-K

AFFIDAVIT OF [NAME OF CLIENT]

REQUEST FOR FEE WAIVER STATE OF TEXAS §

§ COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared Mr. [Name of Client], known to me to be the same, who stated under oath the following:

“My name is [Name of Client]. My current address is [Address]. I am executing this affidavit in support for my request for fee waiver.

“I ask that the fee for my [Name of Application or Petition], as prescribed in 8 CFR 103.7(b), be

waived because I am unable to pay the prescribed fee. As stated in 8 CFR 103.7(c), I am eligible for a fee waiver because my gross income from all sources for the three-month period prior to the filing of this request was equaled or exceeded by expenditures for such three month period. Further, I do not possess assets sufficient to pay the fee without substantial hardship.

“I am currently unemployed. Since then [Name of Agency or Shelter] has been paying for all of my living expenses, including food, rent, electricity, phone, and basic necessities.1 I have relied completely on the generosity of [Name of Agency or Shelter] to care for myself. I have had no income while residing in the United States, because I will not work unlawfully.” [Add additional details as relevant to your client’s specific living situation.]

"The foregoing statement is submitted under penalty of perjury and I hereby swear that the

foregoing is true and correct to the best of my knowledge.”

_______________________________ [NAME OF CLIENT]

SWORN TO AND SUBSCRIBED BEFORE ME THIS ______ DAY OF ____________ 200___.

__________________________ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS

[Stamped Notary Seal] 1 Please see the attached letter from [Name of Agency or Shelter].