Despite White House Claims, Up To 80% Of Migrant Children Can Legally Stay In Country

A majority of the unaccompanied minors arriving by the tens of thousands at the U.S.-Mexico border could qualify to remain here, say experts in immigration and the refugee system.

The United Nations High Commissioner for Refugees, which has interviewed more than 400 such children, reports that many of them fled “join or die” gang recruitment efforts or threats by gangs to hurt or kill them or their families.

The UNHCR said that as a result, almost 60 percent could qualify for refugee status or political asylum. The majority of the children are coming from Honduras, which has the highest murder rate in the world, El Salvador and Guatemala.

And many of the children, perhaps as many as 80 percent, immigration lawyers say, could meet the requirements for a Special Immigrant Juveniles (SIJ) visa, which is offered to minors who make it to the United States who are found to “have been abused, abandoned, or neglected,” according to the website of the United States Citizenship and Immigration Services ...

The SIJ visa, which arises from laws that were expanded in 2008 ...

CAIRCO Research

Memorandum  DATE: March 24, 2009
SUBJECT: Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant
Juvenile Status Provisions

2. Background  
On December 23, 2008, the President signed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008), Pub. L. 110-457, 122 Stat. 5044 (2008).

Section 235(d) of the TVPRA 2008 amends the eligibility requirements for SIJ status at section 101(a)(27)(J) of the Immigration and Nationality Act (INA), and accompanying adjustment of status eligibility requirements at section 245(h) of the INA. Most SIJ provisions of the TVPRA 2008 take effect March 23, 2009, although some provisions took effect on December 23, 2008, the date of enactment of the TVPRA 2008 ...

This guidance is effective immediately. Please direct any questions concerning these changes through appropriate supervisory channels to Rosemary Hartmann, Office of Policy and Strategy or Tina Lauver, Office of Field Operations.
---
Contact us- National Customer Service Center - Office of Policy and Strategy - USCIS

Welcome to the home page of the National Customer Service Center (NCSC).
Through the NCSC, we provide nationwide assistance by telephone to customers calling from within the United States about immigration Services and Benefits. Service is available in English and Spanish ...
Our number is: 1 (800) 375-5283