[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR204.11]



[Page 127-128]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 204_IMMIGRANT PETITIONS--Table of Contents

 

Sec. 204.11  Special immigrant status for certain aliens declared 

dependent on a juvenile court (special immigrant juvenile).



    (a) Definitions.

    Eligible for long-term foster care means that a determination has 

been made by the juvenile court that family reunification is no longer a 

viable option. A child who is eligible for long-term foster care will 

normally be expected to remain in foster care until reaching the age of 

majority, unless the child is adopted or placed in a guardianship 

situation. For the purposes of establishing and maintaining eligibility 

for classification as a special immigrant juvenile, a child who has been 

adopted or placed in guardianship situation after having been found 

dependent upon a juvenile court in the United States will continue to be 

considered to be eligible for long-term foster care.

    Juvenile court means a court located in the United States having 

jurisdiction under State law to make judicial determinations about the 

custody and care of juveniles.

    (b) Petition for special immigrant juvenile. An alien may not be 

classified as a special immigrant juvenile unless the alien is the 

beneficiary of an approved petition to classify an alien as a special 

immigrant under section 101(a)(27) of the Act. The petition must be 

filed on Form I-360, Petition for Amerasian, Widow(er) or Special 

Immigrant.

    (1) Who may file. The alien, or any person acting on the alien's 

behalf, may file the petition for special immigrant juvenile status. The 

person filing the petition is not required to be a citizen or lawful 

permanent resident of the United States.

    (2) Where to file. The petition must be filed at the district office 

of the Immigration and Naturalization Service having jurisdiction over 

the alien's place of residence in the United States.

    (c) Eligibility. An alien is eligible for classification as a 

special immigrant under section 101(a)(27)(J) of the Act if the alien:

    (1) Is under twenty-one years of age;

    (2) Is unmarried;

    (3) Has been declared dependent upon a juvenile court located in the 

United States in accordance with state law governing such declarations 

of dependency, while the alien was in the United States and under the 

jurisdiction of the court;

    (4) Has been deemed eligible by the juvenile court for long-term 

foster care;

    (5) Continues to be dependent upon the juvenile court and eligible 

for long-term foster care, such declaration, dependency or eligibility 

not having been vacated, terminated, or otherwise ended; and

    (6) Has been the subject of judicial proceedings or administrative 

proceedings authorized or recognized by



[[Page 128]]



the juvenile court in which it has been determined that it would not be 

in the alien's best interest to be returned to the country of 

nationality or last habitual residence of the beneficiary or his or her 

parent or parents; or

    (7) On November 29, 1990, met all the eligibility requirements for 

special immigrant juvenile status in paragraphs (c)(1) through (c)(6) of 

this section, and for whom a petition for classification as a special 

immigrant juvenile is filed on Form I-360 before June 1, 1994.

    (d) Initial documents which must be submitted in support of the 

petition. (1) Documentary evidence of the alien's age, in the form of a 

birth certificate, passport, official foreign identity document issued 

by a foreign government, such as a Cartilla or a Cedula, or other 

document which in the discretion of the director establishes the 

beneficiary's age; and

    (2) One or more documents which include:

    (i) A juvenile court order, issued by a court of competent 

jurisdiction located in the United States, showing that the court has 

found the beneficiary to be dependent upon that court;

    (ii) A juvenile court order, issued by a court of competent 

jurisdiction located in the United States, showing that the court has 

found the beneficiary eligible for long-term foster care; and

    (iii) Evidence of a determination made in judicial or administrative 

proceedings by a court or agency recognized by the juvenile court and 

authorized by law to make such decisions, that it would not be in the 

beneficiary's best interest to be returned to the country of nationality 

or last habitual residence of the beneficiary or of his or her parent or 

parents.

    (e) Decision. The petitioner will be notified of the director's 

decision, and, if the petition is denied, of the reasons for the denial. 

If the petition is denied, the petitioner will also be notified of the 

petitioner's right to appeal the decision to the Associate Commissioner, 

Examinations, in accordance with part 103 of this chapter.



[58 FR 42850, Aug. 12, 1993]