Policy Memorandum: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement   [open pdf - 58KB]

"This policy memorandum (PM) guides USCIS [U.S. Citizenship and Immigration Services] personnel in processing requests to reopen petitions for Special Immigrant Juvenile status and related applications for adjustment of status filed under the Perez-Olano Settlement Agreement ('Settlement Agreement'). [...] Certain juveniles who have been abused, abandoned, or neglected may request a special immigrant classification known as Special Immigrant Juvenile (SIJ) status in order to remain legally in the United States. Aliens granted SIJ classifications are immediately eligible to apply for lawful permanent resident status. Perez-Olano v. Holder is a class-action lawsuit filed on behalf of juvenile aliens who may have been eligible for SIJ status or SIJ-based adjustment of status because they were abused, abandoned, or neglected. The Perez-Olano Settlement Agreement took effect December 14, 2010 and expires December 13, 2016. The Settlement Agreement defines class members as all juveniles, 'including, but not limited to, SIJ applicants, who, on or after May 13, 2005, apply or applied for SIJ status or SIJ-based adjustment of status based upon their alleged SIJ eligibility.' Settlement Agreement at ¶ 3. Juveniles whose applications for SIJ status or SIJ-based adjustment of status were denied or revoked since May 13, 2005, may be eligible to file a motion to reopen. The class-specific standard for eligibility to file motions to reopen, particularly with regard to timeliness, is distinct from the general standards for eligibility to file motions to reopen under 8 CFR 103.5."

Report Number:
Policy Memorandum: PM-602-0034
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
Media Type:
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