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Immigration Law

USCIS Policy Alert: SIJ Classification and Saravia v. Barr Settlement (Mar. 18, 2021)

USCIS, Mar. 18, 2021

"U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual regarding the special immigrant juvenile (SIJ) classification to incorporate changes agreed to in the settlement agreement resulting from the Saravia v. Barr class action lawsuit. ... USCIS determines whether an SIJ petitioner meets the requirements for SIJ classification. As part of this determination, USCIS must review the juvenile court order and any supporting evidence submitted to assess whether the request for SIJ classification is bona fide; if USCIS determines it is bona fide, then USCIS consents to the SIJ classification. The Saravia v. Barr Settlement Agreement impacts the application of the USCIS consent function as well as the grounds upon which the agency may revoke an SIJ petition. This update, contained in Volume 6 of the Policy Manual, is effective immediately and applies to both cases pending on or after March 18, 2021. This guidance is controlling and supersedes any prior guidance on the topic."