General policyPOLICY UPDATE
Special Immigrant Juvenile Classification Litigation Update on Tolling Provision
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to align with Casa Libre/Freedom House v. Mayorkas . The district court in Casa Libre issued a Declaratory Judgment stating that the tolling provisions outlined in DHS regulations are not in accordance with the 180-day timeframe for the adjudication of a special immigrant juvenile (SIJ) petition as required by statute, to the extent that the regulations allow adjudication beyond the 180-day timeframe.
Effective date and application
contained in Volume 6 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to align with Casa Libre/Freedom House v. Mayorkas . The district court in Casa Libre issued a Declaratory Judgment stating that the tolling provisions outlined in DHS regulations are not in accordance with the 180-day timeframe for the adjudication of a special immigrant juvenile (SIJ) petition as required by statute, to the extent that the regulations allow adjudication beyond the 180-day timeframe.
- Aligns USCIS policy guidance with the Casa Libre/Freedom House v. Mayorkas Declaratory Judgment, which provides that the 180-day timeframe for USCIS to adjudicate an SIJ petition is not restarted or suspended if USCIS requests initial or additional evidence.
