C12.28 Immigration and Legal Status Issues Impacting Transition Age Youth

Legal Authority

Citizenship and immigrant legal status may impact the programs and services for which a transition-age youth is eligible.

It is in the youth’s best interest to have immigration legal status issues addressed as soon as possible following entry into out-of-home care (OOHC).
Children who are not United States citizens and enter into OOHC may be eligible for special immigrant juvenile (SIJ), human trafficking (HT), or other protected status and may be permitted to apply for a permanent resident card if:

The child is placed under the legal custody of the state or other individual appointed by the state (i.e., relatives);
The child cannot be reunited with one or both parents due to abuse, abandonment, or neglect; and
It is not in the child’s best interests to be reunited with his/her country of citizenship.

The US Citizenship Resource Center webpage provides guidance.
Youth who have obtained some legal status are eligible for Chafee services.
To address language barriers, please refer to SOP G1.14 Limited English Proficiency (LEP).

The SSW:

Begins working to assist a child or youth to obtain SIJ, HT, or other legal status and apply for a permanent resident card upon entry into care;
Consults with the Office of Legal Services (OLS) regional attorney and the Out of Home Care branch for guidance on this process or regarding any barriers that may arise;
Consults with the Transitional Services Branch regarding benefits for which a youth is eligible if they have not yet obtained legal status.