VOLS’ client Eric M.* arrived in the Unites States from Ecuador in March 2020, right at the start of the pandemic. He initially lived with his mother, but they had a falling out and was displaced from the home. Between their initial dispute and later reconciliation, Eric sought legal assistance and was referred to VOLS.
VOLS recognized that Mr. M would be eligible to apply for Special Immigrant Juvenile Status (SIJS). The SIJS program was created in 1990 by Congress to protect immigrant children who have been abandoned, abused, or neglected—creating a pathway to lawful permanent residence (a “green card”) and eventually citizenship. The process has historically run smoothly. But 2016 federal policy changes prompted an administrative backlog for processing SIJS applications, causing significant delays depending on the applicant’s country of origin, now up to several years for young people from El Salvador, Guatemala, Honduras and Mexico.
Due to Mr. M’s profile of arriving from Ecuador – a non-backlogged country – as well as his unhoused status and age, VOLS was able to file for an “age-out” review by the state Family Court, which certified our client’s eligibility for SIJS on an expedited basis due to his quickly approaching 18th birthday. And as he had resolved his situation with his mother, the petition was approved quickly, and VOLS soon filed his Adjustment of Status (AOS) petition with the United States Department of Citizenship and Immigration Services.
Mr. M received his green card in November 2021, and the VOLS team has since provided additional referrals to pursue higher education. VOLS meanwhile advocates on behalf of all SIJS applicants as part of the #EndSIJSBacklog coalition.
Following is Mr. M’s thank you note to VOLS after the case was resolved:
“I wanted to thank you for all the support that I have received from you all this year. If I had not met you, I would not know what would become of me. Really, thank you very much for the help you have given me. It has changed my life completely, and it is assistance that I never though I would get. I am grateful for your work that constantly helps undocumented people and others.
“All this happened so fast that I cannot believe it yet. It is all thanks to [my attorney’s] work and finding a way to help the people who need it the most. Even though my situation is different from the undocumented people who have been living here for a long time, waiting for an answer to be able to work legally and have the same opportunities, I obtained it in a year. That makes me feel responsible to not take this help for granted. I am so grateful for all this, and I will make the best of myself to achieve my goals. Thank you so much. It was a pleasure to have shared my story with you and have you been a part of it.”
“Hola buenas tardes,
“Quería darles las gracias por todo este apoyo que he recibido por ustedes todo este año, si no los hubiera conocido no sé que sería de mí. En serio, muchas gracias por la ayuda que me han dado todo este tiempo. Estare agradecido por el resto de mi vida con ustedes, lo aprecio mucho, me cambiaron la vida completamente. Esto es una gran ayuda para mí, jamas pensé que lo tendría. De verdad, estoy muy agradecido por el trabajo que hacen, ayudando a las personas indocumentadas y más… lo admiro mucho.
“Todo esto sucedió tan rápido que no lo puedo creer aún. Todo gracias a su trabajo y cómo ayudan a las personas que más lo necesitan. Aúnque mi situación es diferente a la de las personas indocumentadas que hace mucho tiempo viven aquí, esperando una respuesta para poder trabajar legalmente y tener los mismas oportunidades que yo tuve en casi un año. Esto me hace sentir responsable y no desaprovechar esta gran ayuda. Estoy tan agradecido con todo esto y sacaré lo mejor l de mi para alcanzar mis objevos, nuevamente muchas gracias. Fue un gusto haber compartido mi historia con ustedes y que hayan sido parte de ella.”
* The client’s name has been removed for privacy purposes.
More about the SIJS program and backlog, from the #EndSIJSBacklog campaign:
What is SIJS?
Special Immigrant Juvenile Status (“SIJS”) is a congressionally created humanitarian protection designed to quickly provide permanent legal protections to immigrant children who have been abused, abandoned, or neglected by their parent(s), [after a state court issues a finding on the harm they experienced, stating that it is not in the child’s best interests to return to their country of origin]. Recognizing the particular vulnerability of these children, Congress mandated that SIJS applications be decided by USCIS within 180 days of filing. The initial SIJS status allows a child to apply for permanent residence (aka a green card).
What is The Problem?
The SIJS green card application process was categorized as “employment-based”, despite SIJS being a humanitarian status. As a result, when a single country accounts for 7% of green cards issued through this process, that country is capped and becomes backlogged. Special Immigrant Juveniles from backlogged countries have to wait years to apply for green cards.
What is the Human Impact?
There are tens of thousands of vulnerable immigrant children caught in the backlog. Currently children from Mexico and the Northern Triangle (El Salvador, Guatemala and Honduras) face 2-3 year backlogs, leaving them in legal limbo and without real permanent protection. Children and youth who have already been approved by the government for protection and a pathway to lawful permanent residence live in constant fear of being detained and deported. They cannot work legally or get federal financial aid for college, preventing them from reaching their full potential and prolonging young people’s dependence on legal services, state and local resources. But for the backlog, these young people could quickly go from being undocumented to lawful permanent residents, often within six months.
Why This Campaign?
The SIJS backlog undermines the humanitarian purpose of Special Immigrant Juvenile Status and Congressional intent in creating a pathway to permanent protection for vulnerable immigrant children. The End SIJS Backlog Coalition, a national group of directly impacted youth and allied advocates, exists to educate Congress, relevant administrative agencies and the public about the harmful impacts of visa caps on vulnerable immigrant children, and to advocate for an end to the backlog. We aim to center the voices and experiences of SIJS backlogged youth, whose stories are the heartbeat of our work and best illustrate how ending the backlog can restore the purpose of the statute — realizing permanent legal protection in the United States for immigrant children who have survived abuse, abandonment and neglect.