Crimes of Moral Turpitude

(F)

Special Immigrant Juvenile.  Applicants for adjustment of status based on special immigrant juvenile status[537] (e.g., because they are under juvenile dependency or delinquency court jurisdiction[538] due to abuse, neglect or abandonment, are deemed eligible for foster care, and it is found not to be in the child’s best interest to be returned to his/her home country) are entitled to a special waiver of almost all grounds of inadmissibility, under INA § 245(h).  No qualifying relative is required.  A waiver is not available for the “reason to believe” drug trafficking ground or certain adult convictions.  These juveniles can apply for adjustment even if they entered illegally, violated immigration status (other than through triggering criminal grounds of inadmissibility), or may become a public charge.[539]  Many criminal and national security related grounds of inadmissibility may also be waived in the discretion of the attorney general.[540]  See also, N. Tooby & J. Rollin, Criminal Defense of Immigrants § 12.7 (4th Ed. 2007).

[537] INA § 101(a)(27)(J), 8 U.S.C. § 1101(a)(27)(J).

[538] If the juvenile is already in custody of the DHS, the DHS must consent to allow the state juvenile court to exercise jurisdiction over the minor for purposes of obtaining special immigrant juvenile status.  Memo, Yates, Assoc. Dir. Operations, USCIS HQADN 70/23 (May 27, 2004), posted on AILA InfoNet at Doc. No. 04062168.  See also Gao v. Jenifer, 185 F.3d 548 (6th Cir. 1999).

[539] INA § § 237(a)(1)(H), 245(h), 8 U.S.C. § § 1227(a)(1)(H), 1255(h).

[540] INA § 245(h)(2)(B).