Sponsor’s Household Size 150% of HHS Poverty Guidelines* 1 $22,590 2 $30,660 3 $38,730 4 $46,800 5 $54,870 6 $62,940 7 $71,010 8 $79,080 Add $8,070 for each additional person source: https://www.uscis.gov/i-912p

Legal Citations Generally When filing papers before EOIR, parties should keep in mind that accurate and complete legal citations strengthen the argument made in the submission. This Appendix provides guidelines for frequently cited sources of law. EOIR generally follows A Uniform System of Citation (also known as the “Blue Book”) but diverges from that convention in certain instances. EOIR appreciates but does not require citations that follow the examples used in this Appendix. Note that, for the convenience of filing parties, some of the citation formats in this Appendix are less formal than those used in the published cases of the BIA. Once a source has been cited in full, the objective is brevity without compromising clarity. This Appendix concerns the citation of legal authority. For guidance on citing to the record and other sources, see ICPM, Chapter 3.3(e) (Source Materials), Chapter 4.19(f) (Citation); BIA PM Chapter 3.3(e) (Source Materials), Chapter 4.6(d) (Citation). As a practice, EOIR prefers italics in case names and publication titles, but underlining is an acceptable alternative. Abbreviations in Case Names As a general rule, well-known agency abbreviations (e.g., DHS, INS, FBI, DOJ) may be used in a case name, but without periods.  If an agency name includes reference to the “United States,” it is acceptable to abbreviate it to “U.S.”  However, when the “United States” is named as a party in the case, do not abbreviate “United States.”  For example: DHS v. Smith not D.H.S. v. Smith; U.S. Dep’t of Justice v. Smith not United States Department of Justice v. Smith; United States v. Smith not U.S. v. Smith. Short Form of Case Names After a case has been cited in full, a shortened form of the name may be used thereafter, with a reference to the specific page number that is cited.  For example: INS v. Phinpathya, 464 U.S. 183 (1984); Phinpathya, 464 U.S. at 185; Matter of Nolasco, 22 I&N Dec. 632 (BIA 1999); Nolasco, 22 I&N Dec. at 635. Citations to a Specific Point ****Citations to a specific point should include the precise page number(s) on which the point appears.  For example: Matter of Artigas, 23 I&N Dec. 99, 100 (BIA 2001). Citations to a Dissent or Concurrence Citations to a dissent or concurrence should be indicated in a parenthetical notation.  For example: Matter of Artigas, 23 I&N Dec. 99, 109-110 (BIA 2001) (dissent). Board of Immigration Appeals Decisions Published Decisions Precedent decisions by the BIA are binding on the immigration courts, unless modified or overruled by the Attorney General or a federal court.  All precedent BIA decisions are available on the EOIR website.  Precedent decisions should be cited in the “I&N Dec.” form illustrated below.  The citation must identify the adjudicator (BIA, A.G., etc.) and the year of the decision.  Note that there are no spaces in “I&N” and that only “Dec.” has a period. For example: Matter of Balsillie, 20 I&N Dec. 486 (BIA 1992). “Matter of” not “In re” All precedent decisions should be cited as “Matter of.”  The use of “In re” is disfavored.  For example:  Matter of Yanez, not In re Yanez. Unpublished Decisions Citation to non-precedent Board cases by parties not bound by the decision is discouraged.  When it is necessary to refer to an unpublished decision, the citation should include the initials of the respondent’s full name separated by hyphens, the A-number with all but the last three digits of the number replaced with X’s, and a parenthetical containing the abbreviation “BIA” as the adjudicating body, as well as an abbreviation of the month as part of the precise date of the decision.  Because the Board uses “Matter of” as a signal for a published or precedent case, do not use “Matter of.” When citing to an Unpublished BIA decision, a full copy of the unpublished decision should be provided as an attachment to the brief/motion if possible. Unpublished BIA Decisions from the EOIR FOIA Reading Room Where an unpublished Board decision is obtained from EOIR’s FOIA Reading Room, the citation should be placed within a parenthetical containing the assigned Folder Name (also known as Title or File number assigned to Download Folder), the abbreviation “BIA” as the adjudicating body, and an abbreviation of the month as part of the precise date of the decision.  As noted above, because the Board uses “Matter of” of as a signal for published or precedent case, do not use “Matter of.” Interim decisions While the BIA still assigns precedent decisions an interim decision number for administrative reasons, the proper citation is always to the volume and page number of the bound volume – the I&N Decision citation. Attorney General Decisions Precedent decisions by the Attorney General are binding on the immigration court and the BIA and should be cited in accordance with the rules for precedent decisions by the BIA.  All precedent decisions by the Attorney General are available on the EOIR website.  Matter of Y-L-, 23 I&N Dec. 270 (AG 2002). Federal and State Courts Generally Federal and state court decisions should generally be cited according to the standard legal convention, as set out in the latest edition of A Uniform System of Citation (also known as the “Blue Book”).  For example: Taylor v. United States, 495 U.S. 575 (1990); Singh v. Holder, 749 F.3d 622 (7th Cir. 2014); Velasquez-Escovar v. Holder, F.3d, No. 10-73714 (9th Cir. 2014); United States v. Madera, 521 F. Supp. 2d 149 (D. Conn. 2007). U.S. Supreme Court The Supreme Court Reporter citation (“S. Ct.”) should be used only when the case has not yet been published in the United States Reports (“U.S.”). Unpublished Cases Citation to unpublished state and federal court cases is discouraged.  When citation to an unpublished decision is necessary, a copy of the decision should be provided, and the citation should include the docket number, court, and precise date.  Parties are also encouraged to provide the LexisNexis or Westlaw number.  For example: Bratco v. Mukasey, No. 04-726367, 2007 WL 4201263 (9th Cir. Nov. 29, 2007) (unpublished). Precedent Cases Not Yet Published When citing to recent precedent cases that have not yet been published in the Federal Reporter or other print format, parties should provide the docket

When a person arrives at a port of entry seeking entry to the United States they will either be admitted or paroled into the country (if they are permitted to enter). A person who is being permitted to enter on a temporary basis or under special conditions because they lack a proper visa or immigration status to enter will typically be “paroled.” A legal permanent resident or a noncitizen arriving with a valid visa are “admitted” to country. Often times the admission is marked in the person’s passport, though that is becoming less common. The class of admission can be seen on an I-94 as a code as well in some internal agency documents you may find in the responsive record of a FOIA request. Legal Permanent Resident cards “green cards” will display the class of admission code which indicates the manner in which their residency was obtained. The classes of admission and the corresponding codes are listed below broken down into several different categories of types of admission. Immigrant Classes of Admission A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. These categories also allow for the beneficiary to bring derivative family members. Categories are organized by priority. More about family preference categories. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits,

How To Find Out What your employment authorization category code is USCIS EAD Category Code  EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant fiancé(e) of US CitizenK2 child of K1 No A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence Yes A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant Yes A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 No A10 Granted Withholding of Deportation or Removal Yes A11 Deferred Enforced Departure (DED)   A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 Yes A13 IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990) No A14 LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) No A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 No A16 T-1 nonimmigrant (victims of severe forms of trafficking) No A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia Yes*(*timely filing before I-94 expiry ) A18 L2 spouse of an L1 visa intracompany transfer Yes*(*timely filing before I-94 expiry ) A19 U1 nonimmigrant (victims of certain criminal activity) No A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 No C01 Dependent of A-1 or A-2 foreign government official No C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant No C03A Pre-completion OPT F1 visa students No C03B Post-completion OPT F1 visa students No C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students No C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization No C03(iii) F-1 student seeking off-campus employment due to severe economic hardship No C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) No C05 J-2 spouse or minor child of a J-1 exchange visitor No C06 M-1 student seeking practical training after completing studies No C07 Dependent of NATO-1 through NATO-7 nonimmigrant No C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 Yes C09 Adjustment of status applicant Yes C10 Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA Yes C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons No C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only No C14 Alien granted deferred action No C16 Registry applicant based on continuous residence since January 1, 1972 Yes C17(i) B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer No C17(ii) B1 nonimmigrant domestic servant of a U.S. citizen No C17(iii) B1 nonimmigrant employed by foreign airline No C18 Alien with a final order of deportation/order of supervision; No C19 Temporary Protected Status applicant under 8 CFR 244.5 Yes C20 Alien who has filed a completed legalization application for special agricultural workers Yes C21  S visa non-immigrant No C22 Alien who has filed a completed legalization application under INA 245A Yes C23 Irish peace process (Q-2)   C24 LIFE legalization applicant Yes C25 T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) No C26  Certain H4 Visa spouses of H1B holders, qualify for it. Check Apply H4 EAD Guide  Yes*(*timely filing before I-94 expiry ) C27 Abused spouse of an A nonimmigrant No C28 Abused spouse of an E-3 nonimmigrant No C29 Abused spouse of a G nonimmigrant No C30 Abused spouse of an H nonimmigrant No C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition Yes C33 An alien who has been granted Deferred Action for Childhood Arrivals (DACA) No C35 The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No C36 Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No

See our blog post on extreme hardship. A. Totality of the Circumstances The officer must make extreme hardship determinations based on the factors, arguments, and evidence submitted.1 Therefore, the officer should consider any submission from the applicant bearing on the extreme hardship determination. The officer may also consider factors, arguments, and evidence relevant to the extreme hardship determination that the applicant has not specifically presented, such as those addressed in Department of State (DOS) information on country conditions2 or other U.S. Government determinations regarding country conditions, including a country’s designation for Temporary Protected Status (TPS). Officers must base their decisions on the totality of the evidence and circumstances presented. B. Common Consequences The common consequences of denying admission, in and of themselves, do not warrant a finding of extreme hardship.3 The Board of Immigration Appeals (BIA) has held that the common consequences of denying admission include, but are not limited to, the following: C. Factors Must Be Considered Cumulatively The officer must consider all factors and consequences in their totality and cumulatively when assessing whether a qualifying relative will experience extreme hardship either in the United States or abroad. In some cases, common consequences that on their own do not constitute extreme hardship may result in extreme hardship when assessed cumulatively with other factors.5 For example, if a qualifying relative has a medical condition that alone does not rise to the level of extreme hardship, the combination of that hardship and the common consequences of inferior medical services, economic detriment, or readjusting to life in another country may cumulatively cause extreme emotional or financial hardship for the qualifying relative when considering the totality of the circumstances.  Ordinarily, for example, the fact that medical services are less comprehensive in another country is a common consequence of denying admission; but the inferior quality of medical services, considered along with the individual’s specific medical conditions, may create sufficient difficulties as to rise to the level of extreme hardship in combination with all the other consequences. The officer must weigh all factors individually and cumulatively, as follows: First, the officer must consider whether any factor set forth individually rises to the level of extreme hardship under the totality of the circumstances.  ​Second, if any factor alone does not rise to the level of extreme hardship, the officer must consider all factors together to determine whether they cumulatively rise to the level of extreme hardship. This includes hardships to multiple qualifying relatives.  When considering the factors, whether individually or cumulatively, all factors, including negative factors, must be evaluated in the totality of the circumstances.  D. Examples of Factors that May Support a Finding of Extreme Hardship The chart below lists factors that an applicant might present and that would be relevant to determining whether an applicant has demonstrated extreme hardship to a qualifying relative. This list is not exhaustive; circumstances that are not on this list may also be relevant to finding extreme hardship.  The presence of one or more of the factors below in a particular case does not mean that extreme hardship would necessarily result from a denial of admission. But they are factors that may be encountered and should be considered in their totality and cumulatively in individual cases. All hardship factors presented by the applicant should be considered in the totality of the circumstances in making the extreme hardship determination. Some of the factors listed below apply when the qualifying relative would remain in the United States without the applicant. Other factors apply when the qualifying relative would relocate abroad. Some of the factors might apply under either circumstance.  Family Ties and Impact Qualifying relative’s ties to family members living in the United States, including age, status, and length of residence of any children. Responsibility for the care of any family members in the United States, particularly children, elderly adults, and disabled adults. Impact on the cognitive, social, or emotional well-being of a qualifying relative who is left to replace the applicant as caregiver for someone else, or impact on the qualifying relative (for example, child or parent) for whom such care is required. Social and Cultural Impact Loss of access to the U.S. courts and the criminal justice system, including the loss of opportunity to request or provide testimony in criminal investigations or prosecutions; to participate in proceedings to enforce labor, employment, or civil rights laws; to participate in family law proceedings, victim’s compensation proceedings, or other civil proceedings; or to obtain court orders regarding protection, child support, maintenance, child custody, or visitation. Fear of persecution or societal discrimination. Prior grant of U nonimmigrant status. Existence of laws and social practices in the country of relocation that would punish the qualifying relative because he or she has been in the United States or is perceived to have Western values. Access or lack of access to social institutions and structures (official and unofficial) for support, guidance, or protection. Social ostracism or stigma based on characteristics such as gender, gender identity, sexual orientation, religion, race, national origin, ethnicity, citizenship, age, political opinion, marital status, or disability.6 Qualifying relative’s community ties in the United States and in the country of relocation. Extent to which the qualifying relative has integrated into U.S. culture, including language, skills, and acculturation. Extent to which the qualifying relative would have difficulty integrating into the country of relocation, including understanding and adopting social norms and established customs, including gender roles and ethical or moral codes. Difficulty and expense of travel/communication to maintain ties between qualifying relative and applicant, if the qualifying relative does not relocate. Qualifying relative’s present inability to communicate in the language of the country of relocation, as well as the time and difficulty that learning that language would entail. Availability and quality of educational opportunities for qualifying relative (and children, if any) in the country of relocation. Availability and quality of job training, including technical or vocational opportunities, for qualifying relative (and children, if any) in the country of relocation. Economic Impact Economic impact of applicant’s departure on

Immigration and Nationality Act (INA) The INA is a main source of immigration law in the United States. It contains many of the most important provisions of law relevant to immigration proceedings. Title 8 of the Code of Federal Regulations (CFR) Title 8 of the CFR codifies the INA and includes regulations followed by the Department of Homeland Security and EOIR. The regulations cover practice and procedure in immigration proceedings. The Board of Immigration Appeals Board of Immigration Appeals case law precedent.

REFERENCES DEPARTMENT OF JUSTICE —EOIR APPENDICES • Appendix B – Org Chart • Appendix C – Deadlines • Appendix D – Forms • Appendix E – Cover Pages • Appendix F – Cert. of Service • Appendix G – Cert. of Translation • Appendix H – Hotlines • Appendix I – Citations • Appendix J – Filing Motions • Appendix K – Ex. Pleading • Appendix L – Ex. Oral Pleading • Appendix M – Ex. Crm. History • Appendix N – Ex. Table of Contents All EOIR Forms Additional Appendices Here Immigration Court Practice Manual www.justice.gov USCIS Policy Manual USCIS POLICY MANUAL POLICY & PROCEDURE Immigration Court Practice Manual ……………………………………………………  PDF USCIS Policy Manual …………………………………………………………………………..   Online Version or PDF US Department of State Foreign Affairs Manual……………..……….….. Ch. 7  &  Ch. 9 USCIS Memorandum   ————————-———————————> Wiki

ALL LEGAL AUTHORITIES INA 101(a)(27)(J)  SPECIAL IMMIGRANT JUVENILE DEFINITION (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; 8 CFR 204.11  Special immigrant juvenile classification § 204.11 Special immigrant juvenile classification. (a) Definitions. As used in this section, the following definitions apply to a request for classification as a special immigrant juvenile. Judicial determination means a conclusion of law made by a juvenile court. Juvenile court means a court located in the United States that has jurisdiction under State law to make judicial determinations about the dependency and/or custody and care of juveniles. Petition means the form designated by USCIS to request classification as a special immigrant juvenile and the act of filing the request. Petitioner means the alien seeking special immigrant juvenile classification. State means the definition set out in section 101(a)(36) of the Act, including an Indian tribe, tribal organization, or tribal consortium, operating a program under a plan approved under 42 U.S.C. 671. United States means the definition set out in section 101(a)(38) of the Act. (b) Eligibility. A petitioner is eligible for classification as a special immigrant juvenile under section 203(b)(4) of the Act as described at section 101(a)(27)(J) of the Act, if they meet all of the following requirements: (1) Is under 21 years of age at the time of filing the petition; (2) Is unmarried at the time of filing and adjudication; (3) Is physically present in the United States; (4) Is the subject of a juvenile court order(s) that meets the requirements under paragraph (c) of this section; and (5) Obtains consent from the Secretary of Homeland Security to classification as a special immigrant juvenile. For USCIS to consent, the request for SIJ classification must be bona fide, which requires the petitioner to establish that a primary reason the required juvenile court determinations were sought was to obtain relief from parental abuse, neglect, abandonment, or a similar basis under State law. USCIS may withhold consent if evidence materially conflicts with the eligibility requirements in paragraph (b) of this section such that the record reflects that the request for SIJ classification was not bona fide. USCIS approval of the petition constitutes the granting of consent. (c) Juvenile court order(s) — (1) Court-ordered dependency or custody and parental reunification determination. The juvenile court must have made certain judicial determinations related to the petitioner’s custody or dependency and determined that the petitioner cannot reunify with their parent(s) due to abuse, neglect, abandonment, or a similar basis under State law. (i) The juvenile court must have made at least one of the following judicial determinations related to the petitioner’s custodial placement or dependency in accordance with State law governing such determinations: (A) Declared the petitioner dependent upon the juvenile court; or (B) Legally committed to or placed the petitioner under the custody of an agency or department of a State, or an individual or entity appointed by a State or juvenile court. (ii) The juvenile court must have made a judicial determination that parental reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar basis under State law. The court is not required to terminate parental rights to determine that parental reunification is not viable. (2) Best interest determination. (i) A determination must be made in judicial or administrative proceedings by a court or agency recognized by the juvenile court and authorized by law to make such decisions that it would not be in the petitioner’s best interest to be returned to the petitioner’s or their parent’s country of nationality or last habitual residence. (ii) Nothing in this part should be construed as altering the standards for best interest determinations that juvenile court judges routinely apply under relevant State law. (3) Qualifying juvenile court order(s). (i) The juvenile court must have exercised its authority over the petitioner as a juvenile and made the requisite judicial determinations in this paragraph under applicable State law to establish eligibility. (ii) The juvenile court order(s) must be in effect on the date the petitioner files the petition and continue through the time of adjudication of the petition, except when the juvenile court’s jurisdiction over the petitioner terminated solely because: (A) The petitioner was adopted, placed in a permanent guardianship, or another child welfare permanency goal was reached, other than reunification with a parent or parents with whom the court previously found that reunification was not viable; or (B) The petitioner was the subject of a qualifying juvenile court order that was terminated based on age, provided the petitioner was under 21 years of age at the time of filing the petition. (d) Petition requirements. A petitioner must submit all of the following evidence, as applicable to their petition: (1) Petition. A petition by or on behalf of a juvenile, filed on the form prescribed by USCIS in accordance with