CILA and NIPNLG are excited to announce a new practice advisory, “Understanding the SIJS Parental Benefit Prohibition: What Advocates and Clients Need to Know.” This practice advisory provides a comprehensive overview of the parental benefit prohibition found in the special immigrant juvenile status (SIJS) statute.
The SIJS statute at 8 U.S.C. § 1101(a)(27)(J)(iii)(II) states that: “no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter.”
After a child obtains approval of their SIJS petition, they must wait years before they can seek lawful permanent residence because of the visa backlog. During this time, some youth with SIJS may become eligible for other forms of immigration status. This resource explores the statute, regulations, and policy regarding the parental benefit prohibition, discusses the provisions of the statute that are unclear, outlines advisals that attorneys should give their clients before applying for SIJS given this prohibition, and provides best practices for working with parents of SIJS youth including being clear about the potential risks of moving forward with seeking an immigration benefit through their child.
CILA is grateful for NIPNLG’s partnership and the support of other practitioners who provided their expertise and time to review the manual.