SIJ Policy Alert (USCIS))

  • Organization: USCIS
  • Document Type: Policies
  • Date Created: Thursday, March 18, 2021
  • Attachment(s): LINK

According to the update, USCIS will not:

  • Refuse to consent to a request for SIJ classification because the state court did not sufficiently consider evidence of the petitioner’s gang affiliation when it decided whether to issue a dependency order or when it determined that it was not in the best interest of the child to return to their home country;
  • Use our consent authority to reweigh the evidence the juvenile court considered when it issued the dependency order; or
  • Revoke a petition for SIJ classification because the state court did not consider the petitioner’s gang affiliation when it made its best interest determination.
Topics:
  • Immigrant Children