Chapter_7_Special_Cases_(SIJs).pdf

ASC Standard Operating Procedures EXCERPT (Revised Content) Chapter 7: Benefit Procedure – Special Cases

Designated Benefit 6. Form I-360 – Petition for Amerasian, Widow(er), or Special Immigrant for a Special Immigrant Juvenile (SIJ) and SIJ-based Form I-485 – Application to Register Permanent Residence or Adjust Status

Background: The Form I-360 petition is used for multiple categories of special immigrants.

Of these categories, the Special Immigrant Juvenile-based cases (SIJs) require special consideration when being processed for biometrics.

SIJs are considered to be an exceptionally vulnerable population. They have been abused, abandoned, or neglected by one or both parent(s) and need the protection of a state juvenile court order. Many times, SIJs will NOT have official government-issued photographic identification but may have other forms of identification, for example, a school ID.

Note: SIJs are usually processed for biometrics in connection with the Form I-485. On a case-by-case basis, USCIS may request biometrics in connection with the Form I-360.

Operational Policies & Procedures

Operational Policies: All ASCs shall follow these procedures when processing SIJ-based Form I-360 petitions and Form I-485 applications.

Form I-360 and Form I485 Appointment Notices: Most SIJs will appear with a Form I-797 Appointment Notice, just as most other benefit applicants; however, they may appear with a state juvenile court order as their only proof of identification.

Identification: While many SIJs will have some form of government-issued identification, (such as a passport, driver’s license) SIJs may appear at the ASC without government-issued photo identification. Some SIJ births were never registered by their abusive parents. Others may not be able to obtain identification documents without the cooperation of their abusive parents. It therefore may be challenging to verify the identity of these applicants, who may have one or more names, different birthdates, and different parents’ names.

The ASC program relies on the field office to verify identity based on the Immigration Services Officer’s (ISO’s) experience and judgment. The following information is meant to provide guidance, but not absolute rules, for verifying the identity of SIJs.

A court-issued order citing the juvenile as the subject of the order is typically sufficient for identity verification. The order does not need to include a photograph of the SIJ. In addition to a court-issued order, SIJs may also have copies of birth certificates or school identification cards. Other information, such as official documentation issued by the U.S. Department of Health and Human Services (HHS) for unaccompanied children who are or have been in the custody of HHS may provide additional evidence in support of the SIJ’s identity.

ASC Standard Operating Procedures EXCERPT (Revised Content) Chapter 7: Benefit Procedure – Special Cases

Prior to turning away any SIJ, ASC ISOs should seek guidance from the chain of command on particularly difficult verifications, such as when there is a discrepancy regarding the SIJ’s identity or if a document appears to be fraudulent.

Operational Procedures:

Usually, Form I-360 and I-485 will be processed as a Code-3, using the procedures detailed in Chapter 5. The code on the appointment notice should be followed. For those SIJ cases without an I-797 Appointment Notice, once identity is verified, process as a Code-3.