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When Immigration Status Complicates Child Abuse Reporting
Posted: December 8th, 2010
By: Anna Gaysynsky
Category: The News Beat
According to an article in the Times, an immgiration issue that has gotten little attention deals with minors who come into the country illegally and suffer abuse. According to the Times, dealing with and talking about being abused is difficult enough ordinarily, but becomes even more complicated when these children fear that going to the authorities will lead to detention or deportation, particularly if they see returning to their home countries as a worse option than remaining in an abusive situation.
However, in these cases it is possible to apply for Special Immigrant Juvenile Status, a 20 year old federal statute, which is not widely-known. To qualify for SIJS, applicants have to be under 21 and unmarried, prove that it is not in their best interest to return to their country of origin and that reunification with one or both parents is not possible due to abuse, abandonment or neglect. They also have to have been in foster care or declared dependent on the juvenile court.
A lawyer initiates the SIJS application process by drafting an affidavit charting their client's abuse. the child then testifies in juvenile court and if a judge decides they qualify for SIJS they apply for SIJS and permanent residence with Immgiration Services.
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