IMMIGRANT LEGAL RESOURCE CENTER

Every family should have a Family Preparedness Plan in case of an emergency. It is critical for immigrant families to think ahead and set more concrete plans for immigration emergencies that can arise. For example, this Resource Toolkit goes into detail about different childcare options available in case of an absent parent, where to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.

This downloadable and printable toolkit is divided into different sections that give guidance on family preparedness planning, regardless of immigration status. It gives additional advice to undocumented and/or mixed status families.

Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice alert primarily focuses on USCIS Administrative Appeals Office (AAO) decisions and limited federal court cases to highlight successful and unsuccessful arguments when the SIJS petition is filed on or after the youth’s 21st birthday.

While U.S. immigration laws provide certain special protections to children migrating without a parent or legal guardian on account of their vulnerabilities, these laws and policies fall short of both domestic and international child welfare principles. Those impacted by and involved with U.S. systems for responding to child migrants have known for years that they do not meet the needs of most children. This resource aims to demonstrate that a different approach to how the United States welcomes migrant children, particularly as relates to their time in government custody/detention, is not just possible but necessary.