Settlement Agreement in Perez-Olano, et al. v. Holder, et al., Case No. CV 05-3604, in U.S. District Court for the Central District of California

PLEASE NOTE UPDATE TO THIS CLASS ACTION SETTLEMENT: In the above named matter, USCIS and plaintiffs have agreed to a stipulation to the settlement agreement involving cases in which Special Immigrant Juvenile (SIJ) petitions or SIJ-based applications for adjustment of status were denied, terminated or revoked on or after December 15, 2010 because the applicant’s state court dependency order had expired at the time of the filing. USCIS will not deny, revoke, or terminate an SIJ petition (Form I-360) or SIJ-based adjustment of status (Form I-485) if, at the time of filing the SIJ petition (1) the applicant is or was under 21 years of age, unmarried, and otherwise eligible, and (2) the applicant either is the subject of a valid dependency order or was the subject of a valid dependency order that was terminated based on age prior to filing. The full notice of this settlement agreement and the final stipulation settling motion are accessible below.

This settlement applies to all juveniles who are not U.S. citizens and who applied on May 13, 2005, or after that date, or who wish to apply for immigration status based on having been abused, abandoned, or neglected. The full notice of proposed settlement agreement and final proposed settlement agreement are accessible below.  You will need the latest version of the free Adobe Reader software to view the documents. 

Special Immigrant Juvenile Motions to Reopen before USCIS

Certain persons whose petition for Special Immigrant Juvenile (SIJ) classification and/or SIJ-based application for adjustment of status was denied or revoked on or after May 13, 2005 may be eligible to file a motion to reopen the denied SIJ petition (Form I-360) or SIJ-based application for adjustment of status (Form I-485).  See Perez-Olano, et al. v. Holder, et al., 2:05-cv-03604-DDP (C.D. Cal.)

Am I eligible to file a motion to reopen?

You may file a motion to reopen if your SIJ petition or SIJ-based application for adjustment of status was denied or revoked on account of:

• Age if, at the time the class member filed a complete petition for SIJ classification, he or she was under 21 years of age
• Dependency status if, at the time the class member filed a complete petition for SIJ classification, he or she was the subject of a valid dependency order that was subsequently terminated based on age
• Specific consent

What should I include in my motion to reopen?

If you are eligible to file a motion to reopen, please send USCIS:

• Form I-290B, Notice of Appeal or Motion
• The appropriate fee or fee waiver request if desired, using Form I-912, Request for a Fee Waiver
• Evidence that you your SIJ petition or SIJ-based application for adjustment of status was denied or revoked on or after May 13, 2005
• Evidence that your previously filed SIJ petition or SIJ-based application for adjustment of status was denied on account of age or age-related dependency status or specific consent

Where should I mail my motion to reopen?

U.S. Postal Service (USPS):
Special Immigrant Juvenile Motion to Reopen
P.O. Box 5510
Chicago, IL 60680

OR

Courier/Express (non-USPS) Deliveries:
USCIS
Attn: Perez-Olano Settlement Agreement
131 S. Dearborn – 3rd Floor
Chicago, IL 60603-5517