USCIS policy alert on SIJ status and the Saravia v. Barr settlement agreement

The US Citizenship and Immigration Services released a policy alert on March 18, 2021, implementing certain policy changes related to Special Immigrant Juvenile Status and the Saravia v. Barr settlement agreement. USCIS describes the policy changes in the following way:

• USCIS will not refuse its consent to a request for SIJ classification based in whole or in part on the fact that the state court did not consider or sufficiently consider evidence of the petitioner’s gang affiliation when deciding whether to issue a predicate order or in making its determination that it was not in the best interest of the child to return to his or her home country.
• USCIS will not use its consent authority to reweigh the evidence that the juvenile court considered when it issued the predicate order.
• USCIS will not revoke a petition for SIJ classification based in whole or in part on the fact that the state court’s best interest determination was not made with consideration of the petitioner’s gang affiliation.

Comments on this policy change are being accepted from March 18 to April 19, 2021.