The law states that individuals under 21 years old may be eligible to receive Special Immigrant Juvenile (“SIJ”) status, but many young immigrants were still denied at the age of 18-20. While the law did NOT change, the Trump Administration changed the way it was interpreting the law.
In a major class action lawsuit in New York, the plaintiffs alleged that DHS, USCIS, and individual officers of those agencies adopted a new policy without notice, and that prior to this policy change, the plaintiffs’ SIJ applications would have been granted.
The Court agreed with the plaintiffs and found the new policy was in violation of the Administrative Procedure Act (“APA”) and summary judgement was granted.
As a result, SIJ applicants that are 18-20 years old will no longer be denied due to age.
If you were recently denied SIJ status or interested in applying, please contact us online or call 212-203-4795.