JULY 29, 2019
STRATEGIES FOR OBTAINING SIJS FACTUAL FINDINGS
IN VIRGINIA AFTER JULY 1, 2019
This practice advisory analyzes the recent Virginia bill signed into law by Governor Ralph Northam on March 18, 2019 and provides general practice strategies to help advocates obtain Special Immigrant Juvenile Status (SIJS) factual findings (sometimes referred to as “predicate orders”) in light of the new law, which took effect on July 1. This practice advisory will also address strategies for amending or retrying cases where the judge did not enter an order with the necessary factual findings to support a child’s application to U.S. Citizenship & Immigration Services (USCIS) for SIJS. The new law, an amendment to section 16.1-241 of the Code of Virginia, will aid immigrant children fleeing abuse, neglect, or abandonment in their home countries in seeking protection from deportation in Virginia.