This policy was updated from the 12/07/16 version to provide current information pertaining to the referral process for Special Immigrant Juvenile Status (SIJS), contact information for the Special Immigration Status Unit, Deferred Action for Childhood Arrivals (DACA), and to exclude Temporary Protected Status (TPS) information.

POLICY

Special Immigrant Status (SIS) Unit

It is not the duty of CSWs to report undocumented children and families to Immigration & Customs Enforcement (ICE). Instead, in an effort to serve the best interest of the child, CSWs may refer qualified clients to the Special Immigrant Status (SIS) Unit to provide immigration services.

DCFS initially established the Special Immigrant Status (SIS) Unit to provide immigration services to all DCFS children eligible for Special Immigrant Juvenile Status (SIJS), an immigration law under Section 153 of the Federal Immigration Act of 1990. When children are eligible for SIJS, the SIS Unit handles the entire legalization process for referred cases until the U.S. Citizenship and Immigration Services (USCIS) approves or denies lawful permanent resident status and issues a lawful resident card "green card" for the child/youth.

The SIS Unit is located at the Broadway office on the 5th floor. It consists of specialized Eligibility Workers (EW) who process the entire legalization process for eligible undocumented children/youth. EWs are assigned as secondary on all SIS referrals from regional offices with the referring CSW remaining as the primary on the case. The EW from the SIS Unit will keep the case-carrying CSW informed as to the status of the application and inform the CSW if additional documentation (e.g. disposition reports on any arrests, proof of date and place of birth, complete immunization records, etc.) is required for the approval of the child’s legal status.

Special Immigrant Juvenile Status (SIJS)

Special Immigrant Juvenile Status (SIJS) remains the primary immigration law under the SIS Unit files for lawful permanent resident status. SIJS is available for undocumented children who meet all of the following criteria:

Are dependents of a juvenile court.

The juvenile court has made the finding that family reunification with one or both parents of the undocumented child is not viable due to abuse, neglect and/or abandonment.

The court has declared that it is not in the child’s best interest to be returned to their country of origin.

Unmarried and under the age of 21.

Obtaining SIJS for children may take several months. Therefore all eligible undocumented children must be referred to the SIS Unit as soon as they become eligible.

Children who are granted lawful permanent resident status by U.S. Citizenship and Immigration Services (USCIS) may still be deported if they break the law.

Benefits of SIJS:

Those who qualify for SIJS can seek lawful permanent resident status. Legal status will afford an immigrant child the right to remain in the United States thus eliminating the fear of deportation upon emancipation from the child welfare system. SIJS also entitles children to qualify for state programs, financial aid, transitional housing, and other programs.

The SIS unit will follow the USCIS application until a resolution has been reached (approval or denial.)

Requirements for SIJS:

Undocumented dependent children must be referred to the SIS Unit by the Dependency (D.I.) or Case-Carrying CSW as soon as the criteria to obtain lawful permanent resident status is met. Children may be referred to the SIS Unit:

As soon as they become dependents of the court (Jurisdictional/Dispositional Hearing) and one or both parent(s) is not given family reunification services; or

When family reunification with one or both parents is unsuccessful (.366.21(e) or (f), 366.22, 366.25, or 366.26 hearings).

When the order of no family reunification for one or both parents is made at the Jurisdictional/Dispositional hearing, it is the responsibility of the Dependency Investigator (DI) to refer the child/youth to the Special Immigrant Status (SIS) Unit.

Continuing Jurisdiction

In general, the petitioner (i.e. child/youth) must remain under the jurisdiction of the juvenile court at the time of the filing and adjudication of the SIJ petition, subject to some exceptions discussed below. If the petitioner is no longer under the jurisdiction of the juvenile court for a reason related to their underlying eligibility for SIJ classification, the petitioner is not eligible for SIJ classification. This may include cases in which the petitioner is no longer under the jurisdiction of the court because:

• The court vacated or terminated its findings that made the petitioner eligible because of subsequent evidence or information that invalidated the findings; or

• The court reunified the petitioner with the parent with whom the court previously deemed reunification was not viable because of abuse, neglect, abandonment, or a similar basis under state law.

However, this requirement does not apply if the juvenile court jurisdiction ended solely because:

• The petitioner was adopted, or placed in a permanent guardianship; or

• The petitioner was the subject of a valid order that was terminated based on age before or after filing the SIJ petition (provided the petitioner was under 21 years of age at the time of filing the SIJ petition.)

For all undocumented children an application for Permanent Residence Under the Color of the Law (PRUCOL) must be completed by Revenue Enhancement and sent to USCIS.

PRUCOL is not recognized as a lawful status by US Citizenship and Immigration Services (USCIS). However, DCFS through its Revenue Enhancement is required to determine if an undocumented applicant falls into this category for funding purposes. For a child to be considered PRUCOL USCIS must be aware of the child’s presence in the United States and USCIS must not be actively seeking the removal of the child from the United States.

The PRUCOL application (Procedural Guide E08-0590), will be completed after the Regional Intake Eligibility Worker forwards the PRUCOL questionnaire and current court report to the PRUCOL Eligibility Worker.

In order to grant an undocumented dependent child, lawful permanent resident status (obtain a “green card”) a separate referral to the SIS Unit is required once the Juvenile Court has made the findings that the child meets criteria for SIJS. Only qualifying undocumented children can apply for Special immigrant Juvenile Status and be granted lawful status.

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Other Immigration Options

There are several other immigration options that undocumented clients may qualify for that can provide them with legal options for staying in the country. The SIS Unit does not process these immigration laws in-house; the SIS Unit refers eligible clients to community immigration agencies who are willing to take these referrals and work on them on pro bono basis. The following do not require families to have an open case with DCFS or be dependents of the court:

U Visa

Violence Against Women (VAWA)

T Visa

Asylum

Special Immigrant Status is only available for an undocumented child who is a dependent of the court and has a court finding that family reunification services with one or both parents is not viable.

U Visa for Victims of Crime

Benefits of U Visa:

The U visa begins as a temporary visa that allows the undocumented person to remain legally in the United States. After three years, the U visa-holder can apply to obtain lawful permanent residency.

Provides an employment authorization document that allows the undocumented person to work and serves as a government-issued identification card.

The U.S. Citizenship and Immigration Service (USCIS) can issue a U visa to the eligible child and to the child’s parents and siblings.

Allows the undocumented person to receive some public benefits.

Requirements for the U Visa:

The undocumented person has suffered substantial physical or mental abuse as a result of having been a victim of any of the following or similar criminal activity:

RapeIncludes any penetration however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.	Torture	Trafficking
Incest	Domestic ViolenceWelfare and Institutions Code Section 18291 (a) states that 'Domestic violence' means abuse committed against an adult or minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Penal Code Section 13700 (b) states that "Domestic violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.	Sexual AssaultConduct in violation of laws pertaining to: Section 261 (rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivisions (a) and (b) of Section 288 (lewd or lascivious acts upon a child under 14 years of age), 288a (oral copulation), 289 (penetration of a genital or anal opening by a foreign object), or 647a (child molestation). If there are no indicators of abuse, “sexual assault” does not include voluntary sodomy, voluntary oral copulation, or voluntary sexual penetration unless the conduct is between a person 21 years of age or older and a minor under 16 years of age.
Unlawful Criminal Restraint	Abusive Sexual Conduct	Prostitution
Sexual ExploitationConduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). Any person who knowingly promotes, aids or assists, employs, uses, persuades, induces or coerces a child, or any person responsible for a child's welfare who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct or to either pose or model alone or with others for the purpose of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. 'Person responsible for a child's welfare' means a parent, guardian, foster parent, or a licensed administrator, or employee of a public or private residential home, residential school, or other residential institution. Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene, sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.'	Female Genital Mutilation	Being Held Hostage
Abduction	False Imprisonment	Kidnapping
Blackmail	Extortion	Manslaughter
Murder	Felonious assault	Involuntary Servitude
Slavery	Witness Tampering	Obstruction of Justice
Perjury	Attempt, solicitation to commit any of the above mentioned crimes	Any similar activity in violation of federal, state, or local criminal law

The child or his or her parent, or guardian has information about the criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.

The undocumented person must obtain certification from a federal, state of local law enforcement official, prosecutor, judge, or other authority investigating criminal activity, or from a child protective services or USCIS official that shows that he or she has been helpful, or is likely to be helpful in the investigation or prosecution of the crime. The SCSW of the SIS Unit is the designated person by the Director to sign off on U Visa Certifications when the crime was investigated by DCFS.

U visa protection is available even when:

The investigation does not result in prosecution.

The victim who is helpful in the investigation does not testify at trial.

The perpetrator eludes arrest.

The criminal case is dismissed.

The victim comes forward to report and prosecutors decide not to prosecute.

The case is prosecuted but the perpetrator is not convicted.

The applicant is a victim of a listed criminal activity but another crime is prosecuted.

The prosecution cannot take place.

Violence Against Women Act (VAWA)

The VAWA permits an abused (domestic violence, battery and extreme cruelty) undocumented spouse or child of a U.S. citizen or lawful permanent resident to self-petition for a legal resident card without the cooperation of the abuser. An undocumented child can receive VAWA benefits even if he or she was not abused, as long as the child’s parent qualifies for VAWA due to abuse.

Benefits of VAWA:

Allows the undocumented person to remain in the United States and eventually obtain lawful permanent residency.

Provides an employment authorization document that allows the undocumented person to work and serves as a government-issued identification card.

Allows the undocumented person to receive some public benefits.

Requirements for VAWA:

An undocumented child abused by a U.S. citizen or lawful permanent resident parent.

An undocumented person abused by a U.S. citizen or lawful permanent resident spouse.

An undocumented elder abused by a U.S. citizen son or daughter (21 or over).

An undocumented child (whether abused or not) of a parent who was abused by a U.S. citizen or permanent resident spouse.

The undocumented child resided at some point in time with the abusive U.S. citizen or lawful permanent resident parent, in or out of the United States. Any period of visitation will count.

The child qualifies as a “child” under immigration law. This means that the child is unmarried and under the age of 21. This includes:

Natural born children born in wedlock.

Stepchildren where the marriage creating the step-relationship occurred before the child’s 18th birthday.

Adopted children where the adoption was finalized before the child’s 16th birthday and the child has been in the adoptive parent’s physical and legal custody for two years (the two year custody requirement can be waived if there is abuse).

Children born out of wedlock where the child has been legitimated by the father or can show a bona fide parent-child relationship.

Children up to the age of 25 may qualify if abuse was a reason for filing delay.

The child must be a person of “good moral character”

Children under the age of 14 are presumed to be of good moral character and are not required to submit any evidence of good moral character.

Children over the age of 14 must prove good moral character with police clearance letters.

The abuse must constitute battery or “extreme cruelty” which can include psychological or emotional abuse-the child need not suffer physical abuse to be eligible for VAWA.

T Visa

The T visa is available for victims of severe form of trafficking.

Benefits of T Visa:

The T visa is a temporary, nonimmigrant visa, but offers recipients the option to apply to become a lawful permanent resident after three years. The T Visa also allows the recipients to receive some public benefits.

Eligibility for T Visa:

The applicant must have been a victim of a severe form of trafficking in person defined as:

Sex trafficking in which a commercial sex act is inducted by force, fraud, or coercion, or in which the person induced to perform the act is under 18 years of age, or

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

In addition to showing that the applicant is or was a victim of a severe form of trafficking in person, the applicant must demonstrate that he or she:

Is physically present in the United States, or at a port of entry, or certain territories on account of the trafficking.

Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, unless he or she is under 18 years of age, in which case compliance is not a requirement.

Would suffer extreme hardship involving unusual and severe harm if he or she were removed from the United States.

Has not committed a severe form of trafficking in person.

Asylum

Asylum is for undocumented persons who fear persecution in their home country because of their race, religion, nationality, political opinion or membership in a particular social group. In some cases, asylum has been granted based on severe domestic violence or issues involving genderRefers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for boys and men or girls and women. These influence the ways that people act, interact, and feel about themselves. Gender is different from Sex in that Sex is assigned at birth. (such as threat of female genital mutilation in the home country), even if the persecution and abuse was committed by family members.

Benefits of Asylum:

Allows the undocumented person to remain in the United States and eventually obtain lawful permanent residency.

Provides an employment authorization document that allows the undocumented person to work and serves as a government-issued identification card.

Allows the undocumented person to receive some public benefits (Medi-CalCalifornia's federal Medicaid program., SNAP, CalWorks. etc.).

Requirements for Asylum:

The undocumented person must apply within one year of arriving in the United States, unless he or she was prevented from applying by changed or extraordinary circumstances, which may include:

Some forms of family abuse and domestic violence.

Detention by immigration officials.

The undocumented person fears persecution from the government of the home country or from a group that the government is unwilling or unable to control (for example; guerrillas or death squads).

The fear must be based on the child’s race, religion, political opinion, nationality or social group.

Deferred Action for Childhood Arrivals (DACA)

Deferred action for childhood arrivals does not grant a lawful status. It allows certain individuals, who meet specific guidelines, to request consideration of deferred action from the U.S. Citizenship and Immigration Services (USCIS).

Individuals who have received deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time unless terminated. Individuals receiving deferred action may be eligible for employment authorization.

On September 5, 2017 the DACA program was temporarily suspended and at this time, no new applications are being accepted. Those who were granted DACA status prior to its suspension, may apply for renewal of their work permit until further notice.

There have been current court proceedings in 2020 regarding the DACA program; however, the recent Supreme Court decision did not terminate the current DACA temporary status.

Any case specific DACA related issues or questions are to be referred to the SIS unit who will be able to provide current up to date information or will refer to County Counsel or Specialized Immigration Law Attorneys.

PROCEDURE

Referring a Child for SIJS

DI or Case-Carrying CSW Responsibilities

Ensure that the undocumented child/youth meets the eligibility criteria, noted above, for Special Immigrant Juvenile Status, and:

Exhaust and document every effort to obtain a birth certificate, baptismal certificate, passport, or foreign identification card or other evidence of age and place of birth.

Complete a DCFS 852, Special Immigrant Status/Naturalization Referral. Attach the current minute order, proof of age, and place of birth and send to the SIS Unit via email at sisuib@dcfs.lacounty.gov, or email and scan to Rodrigo Contreras at contrrb@dcfs.laounty.gov.

If the permanent plan for the undocumented child is legal guardianship, request that the court maintain jurisdiction pending the Special Immigrant Juvenile Status (SIJS) process and until a legal resident card is approved. Undocumented children do not qualify for Kin-Gap. Confirm that the child has legal status in the US before recommending Kin-Gap.

If the permanent plan for the undocumented child is Adoption, , the legalization process will not be affected if the court orders the case terminated due to adoption.If a child is undocumented, he/she will not automatically become a US citizen if adopted by a US citizen parent. This process is automatic only when the child is a lawful permanent resident first.

After a child is granted Lawful Permanent resident status, obtain the legal resident card from the SIS EW worker and file a copy in the Additional Services folder.

Deliver the original legal resident card to the child/youth/caregiver as soon as possible and have the child/youth sign any necessary documentation confirming the receipt of the legal resident card.

Under no circumstances is the legal resident card to remain in the file or withheld from the child/youth due to noncompliance with the case plan.

Inform the child/youth and caregiver that, if the legal resident card is lost, they may have to pay for a replacement card. The SIS Unit will cover the USCIS fees to replace a legal resident card if the child is under the age of 21. Once the youth is 21, he/she is responsible for paying the USCIS fees to replace a legal resident card. Legal resident cards are good for 10 years; if a child/youth needs to have his/her legal resident card renewed, the SIS Unit can assist with this as well.

Inform the caregiver that the child/youth must apply for a social security number. In addition to the legal resident card, the Social Security Office requires an original birth certificate or other proof of age and place of birth.

Once a Social Security Number is obtained, the youth must obtain a California ID.

Special Immigration Status Unit Staff Responsibilities

The SIS Unit handles the entire legalization process for referred cases until the US Citizenship and Immigration Services (USCIS) approves/denies legal status and issues a “legal resident card” for the child/youth. It is critical for the case-carrying CSW to keep the case open until the “legal resident card” is received.

The SIS Unit obtains and prepares needed documents and refers the case to a contracted attorney for filing US Citizenship and Immigration Services (USCIS). The unit, along with the contracted attorney, monitors the case progress until USCIS approves/denies legal status and issues a “legal resident card” for the child/youth.

The SIS Unit will also assist to process the following, which do not require court jurisdiction:

The replacement of lost or stolen permanent resident cards on behalf of DCFS children, regardless of the child’s age.

The SIS Unit will cover the USCIS fees to replace a legal resident card if the child is under the age of 21.

Once the youth is 21, he/she is responsible for paying the USCIS fees to replace a legal resident card.

Legal resident cards are good for 10 years; if a child needs to have his/her legal resident card renewed, the SIS Unit can help with that as well.

US citizenship for youth over the age of 18, whose reunification with one or both parents is not viable due to abuse, neglect, and/or abandonment and have been legal residents in the U.S. for at least five years.

Post Adoption immigration services, including change of name (new name in Adoptions decree) for lawful permanent resident children, and Certificate of Citizenship for lawful permane resident children adopted by at least one US citizen parent.

All of the immigration relief applications that the SIS unit assists with are processed for filing with USCIS by contracted or Pro-Bono attorneys.

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Referring a Client for Other Immigration Options

Case-Carrying CSW Responsibilities

For T- Visa, U-Visa, VAWA, and Asylum, complete the DCFS 190, Immigration Options for Undocumented Youth Referral

For SIJS, Permanent Resident Card renewals and Replacements and Citizenship, Complete DCFS 852, Special Immigrant Status/ Naturalization Referral.

Email form with all needed documents to SIS Unit inbox at sisuib@dcfs.lacounty.gov

Provide the SIS Unit with all requested documents to process the request. Required documents will vary depending on what immigration relief program the child is being referred to and may include police report, detention report, minute order and sustained petition.

Special Immigration Status Unit Staff Responsibilities

Request from referring CSW all documentation needed for the immigration relief program to process the case.

Once all required documentation is received, send the case to the legal service organization to file the petition.

Maintain communication with the CSW and keep them updated as to the status of the case.

Follow the USCIS application until a resolution has been reached (approval or denial.)

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APPROVALS

None

HELPFUL LINKS

Forms

LA Kids

DCFS 852, Special Immigrant Status/Naturalization Referral

DCFS 190, Immigration Options for Undocumented Youth Referral

Referenced Policy Guides

E080-0590, Permanent Residence Under the Color of the Law (PRUCOL) and Special Immigration Status

0400-503.10, Contact Requirements and Exemptions

Statutes

California Department of Social Services (CDSS) All County Letter (ACL) No. 08-15: Department of Homeland Security Interim Final Rule on New Classification for Victims of Criminal Activity: Eligibility for “U” Nonimmigrant Status.

California Department of Social Services (CDSS) All-County Letter (ACL) No. 06-60: Eligibility for Aid and Services for Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes.

Code of Federal Regulations (CFR), 8, 214.11 - Nonimmigrant Classes for alien victims of severe forms of trafficking for in persons. Provides eligibility requirements for T visa.

Code of Federal Regulations (CFR), 8, 244 - Provides information and eligibility requirements for Temporary Protected Status for Nationals of Designated States.

Immigration & Naturalization Act, Section 101(a) (15) (U) - Provides eligibility requirements for U visa.

Immigration & Naturalization Act, Section 204(a) (1) (A) - Provides eligibility requirement for Violence Against Women Act.

Immigration & Naturalization Act, Section 208 - Provides information and eligibility requirements for Asylum.

Trafficking Victims Protection Reauthorization Act of 2008 - amended the definition of a “Special Immigrant Juvenile” (SIJ) at section 101(a)(27)(J) of the INA. It expanded the group of aliens eligible for SIJ status and modified the definition of special immigrant juvenile regarding the findings a juvenile court must make in order for a juvenile court order to serve as the basis for a grant of SIJ status.

Violence Against Women Act 1994 - Under this act, the spouses and children of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency. VAWA allows certain battered immigrants to file for immigrant relief without the abuser’s assistance or knowledge, in order to seek safety and independence from the abuser.

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