ABClatino Magazine Year 5 Issue 10 | Page 19

Por / By Robert Fuchs, Esq.

Special Immigrant Juvenile

A Good Alternative Solution for Latin American Children in Deportation

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Many children and families seeking protection via asylum in the United States are from Central America. However, while we wait for the  current Administration to restore and expand  the asylum system to better protect people  from countries like Honduras, El Salvador, and Guatemala, there is another form of relief available to these minors, Special Immigrant Juvenile Status (SIJ).  SIJ status  is a form of humanitarian-based immigration relief for children who have been abused, abandoned, or neglected by at least one parent, are under the jurisdiction of a state juvenile court, and  for whom such court has determined that it would not be in the child’s best interest

to return to their home country. In recent years,  more children than ever are

seeking  SIJ status. 

The SIJ classification is  subject to the immigration quota system. Each year, a certain  number  of visas are available for children with approved  SIJ applications to go ahead and apply for their  green cards.  Only 9,940 green cards are available  to Special Immigrant s each year, and each country has a 7 percent visa (green card) cap, meaning  each country  is afforded  about 696 visas  per year.   There is  a growing backlog, particularly for children from El Salvador, Guatemala, Honduras, and Mexico, and these children with approved petitions  must wait, potentially for years, before they can  secure relief from  deportation.  However, many of these children have asylum cases that may not get approved and therefore, the relief of SIJ may be a better alternative for them.