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INA §101(a)(27)(J) - Special Immigrant Juvenile

INA §101(a)(27)(J) 

(codified at 8 U.S.C. § 1101(a)(27)(J)

(a) As used in this chapter—

    (27) The term “special immigrant” means—


               (J) an immigrant who is present in the United States—

(i) who has been declared dependent on a juvenile court located in the United
States or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State, or an individual or entity
appointed by a State or juvenile court located in the United States,
and whose reunification with 1 or both of the immigrant’s parents is not viable
due to abuse, neglect, abandonment, or a similar basis found under State law;

(ii) for whom it has been determined in administrative or judicial proceedings
that it would not be in the alien’s best interest to be returned to the alien’s or
parent’s previous country of nationality or country of last habitual residence;
and

(iii) in whose case the Secretary of Homeland Security consents to the grant of
special immigrant juvenile status, except that—


(I) no juvenile court has jurisdiction to determine the custody status or
placement of an alien in the custody of the Secretary of Health and Human
Services unless the Secretary of Health and Human Services specifically
consents to such jurisdiction; and

(II) no natural parent or prior adoptive parent of any alien provided special
immigrant status under this subparagraph shall thereafter, by virtue of
such parentage, be accorded any right, privilege, or status under this
chapter.