The various forms of relief available to adults are also generally available to juveniles individually.  Additionally, many forms of relief granted to adults extend to that adult’s children, such as naturalization,[557] asylum,[558] and adjustment of status.[559] 

 

In some cases, juvenile applicants are given special treatment, either though specific legislation, regulation or policy.  This is true, for example, of asylum[560] and nonimmigrant “T” (trafficking victim) [561] and “U” (crime victim) visas.[562]  At least in the context of applications for relief under the Violence Against Women’s Act (VAWA),[563] a child under 14 is presumed to be a person of Good Moral Character.[564]  Counsel can argue that this presumption should extend to other forms of relief where Good Moral Character must be shown, such as naturalization[565] and voluntary departure.[566]

 

                Some forms of relief were specifically created to provide relief to certain juvenile noncitizens, such as Special Immigration Juvenile Status,[567] Family Unity,[568] and the VAWA.[569]  The Youthful Offender Exception to inadmissibility provides an exception to inadmissibility for certain juvenile offenses that resulted in adult convictions.[570]  See also § 12.27, supra.

[557] See § § 3.13-3.19, supra, § 24.13, infra. 

[558] See § 24.18-24.21, infra.

[559] See § 24.2, infra.

[560] See § 24.18-24.21, infra.

[561] See § 24.16, infra.

[562] See § 24.17, infra.

[563] See § 24.26, infra.

[564] See § 15.6, infra.

[565] See § 24.13, infra.

[566] See § 15.32, infra.

[567] See § § 12.7, supra, see § 24.30, infra.

[568] See § 24.8, infra.  Note that in the case of family unity, a finding of juvenile delinquency may result in disqualification from relief.

[569] See § 24.26, infra.

[570] See § 20.30, infra.

BIA

JUVENILE - RELIEF - CANCELLATION - FIVE YEAR LAWFUL PERMANENT RESIDENCE REQUIREMENT - PARENT'S LPR STATUS CANNOT BE IMPUTED TO CHILD FOR THIS PURPOSE
Matter of Escobar, 24 I. & N. Dec. 231 (BIA July 11, 2007) (parents lawful permanent resident status cannot be imputed to a child [who did not adjust until much later] for purposes of calculating the five years of lawful permanent residence required to establish eligibility for cancellation of removal under INA 240A(a)(1), 8 U.S.C. 1229b(a)(1)). http://www.usdoj.gov/eoir/vll/intdec/vol24/3572.pdf

Ninth Circuit

JUVENILE - RELIEF - PARENTS KNOWLEDGE OF CHILDS INADMISSIBILITY MAY BE IMPUTED TO THE CHILD FOR SOME PURPOSES
Senica v. INS, ___ F.3d ___, No. 92-70423 (9th Cir. Feb. 14, 1993) (parent's knowledge of a child's ineligibility for admission to the U.S. can be imputed to the child to preclude discretionary relief under INA 212(k); effectively prevents a parent from making a derivative claim for a waiver under INA 241(f) as the parent of a noncitizen lawfully admitted for permanent residence).