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The purpose of this Administrative Directive (ADM) is to remind local departments of social services (LDSSs) and voluntary authorized agencies (VAs) that Special Immigrant Juvenile Status (SIJS) eligibility must be assessed for youth in foster care who are neither U.S. citizens nor lawful permanent residents. If the youth is found to qualify for SIJS, this status should be pursued whenever appropriate. Since the application process for SIJS can be extremely lengthy, and must be completed before youth leave foster care, it is important to identify potentially eligible youth and refer them to an attorney with immigration expertise as soon as possible. It is especially important that older youth who qualify obtain this status prior to transitioning out of care.
All youth in foster care who are not U.S. citizens and do not have documentation of lawful residence (such as a valid green card) need to be identified by agency staff and referred to immigration legal service providers for screening for SIJS or other possible immigration relief (see Part V for information on other possible immigration relief that may be available). If an immigration legal service provider finds a youth qualifies for SIJS, the LDSS or VA staff should cooperate in the securing of documents necessary to proceed with the application for SIJS. Through this ADM, the Office of Children and Family Services (OCFS) provides necessary information for child welfare agencies to move forward in identifying undocumented immigrant youth, informing them of SIJS, and referring them for assistance in applying for the status within the time frame needed to establish SIJS before discharge from foster care.
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