Unaccompanied immigrant children may qualify for different forms of legal relief in the United States, meaning they may obtain legal status and be allowed to remain in the U.S. long-term. 

The two most common forms of legal relief that immigrant children qualify for are:

• Aslyum – for children who have a fear of returning to their home country
• Special Immigrant Juvenile Status (SIJS) – for children who have been abused, abandoned, or neglected by one or both parents

Other possible forms of legal relief for unaccompanied children include: the U Visa (for some victims of crime); the T Visa (for some victims of trafficking); and family-based petitions. 

Applying for any type of legal relief is a complicated process. It is very important for the family to consult with an attorney and obtain legal representation for the child’s immigration case.

Click the links below to learn more about legal relief options for UCs:

• Forms of Legal Relief for Immigrant Children (USCRI)
• Asylum in the United States (American Immigration Council)
• SIJS Fact Sheet in English and Spanish (NIJC)
• SIJS Predicate Order State-by-State Age-Out Analysis (Project Lifeline)
• U Visa for Crime Victims (Women’s Law)
• T Visa for Trafficking Victims (Women’s Law)

More on trafficking-specific legal relief:

• T-Visa and the Trauma Exception 
• Continued Presence – Temporary Immigration Designation for Victims of Human Trafficking (DHS)

Upon their apprehension by the Department of Homeland Security (DHS), unaccompanied children are issued a Notice to Appear (NTA), which DHS files with the immigration court to initiate legal proceedings.

It is very important that children attend all their court appointments. If they miss a hearing, it is likely that the immigration judge will issue an order of removal in absentia.

Click the links below to learn more:

• The Legal Journey of an Unaccompanied Child (USCRI)
• Immigration Court Listing by State (EOIR)
• The Notice to Appear (NTA) (ILRC)
• Helping You Navigate Immigration Proceedings (EOIR)
• Know Your Rights in Immigration Proceedings (ABA)

The Executive Office of Immigration Review (EOIR) has an automated system available 24/7 with information on an unaccompanied child’s immigration court case, including any upcoming hearings.

Families should check the EOIR Hotline (1-800-898-7180) or EOIR Website weekly by  entering the child’s A number (found on their Verification of Release document or Notice to Appear) to obtain their most up-to-date hearing information.

• EOIR Automated Case Information Online
• How to Use the EOIR Automated System – handout in English and Spanish (USCRI)
• EOIR How-to Video in Spanish (USCRI)

COA refers to the Change of Address form EOIR-33 that children in immigration proceedings are required to file within 5 days of moving. This is important to ensure they receive any important correspondence regarding their immigration case and upcoming hearings.

COV refers to a Change of Venue motion that individuals in immigration proceedings may file if they wish to move their case to the immigration court closest to their current address.

When filing the COA and COV, the family must send 2 copies: one copy goes to the immigration court where the child’s case is currently assigned, and a second copy goes to the corresponding DHS-ICE office.

• COA/COV Guidance and FAQs for Social Service Providers – includes examples (USCRI)
• Form EOIR-33 (Change of Address) and EOIR Immigration Court Listing
• File Form EOIR-33 (Change of Address) online
• COA/COV How-to Video in Spanish (USCRI)

An unaccompanied child’s sponsor must agree to the Sponsor Care Agreement and complete the Family Reunification Application as part of the Office of Refugee Resettlement’s (ORR) sponsor vetting and approval process. However, being approved as a child’s sponsor does not confer legal guardianship to that individual. In order for a sponsor to become a child’s legal guardian, they must seek guardianship in their local family court. The links below explain more:

• Benefits of Obtaining Legal Guardianship of an Immigrant Child – handout in English and Spanish (USCRI)
• Guardianship Toolkit (BRYCS) 

If a child in immigration proceedings wishes to return to their home country, voluntary departure allows them to leave the U.S. with fewer legal consequences. It allows the child more opportunities to lawfully return to the U.S. in the future and does not list a deportation order on the child’s immigration record. 

Check out the resources below to learn more:

• Voluntary Departure for Unaccompanied Children: Frequently Asked Questions & Child Welfare Considerations in English and Spanish (USCRI)
• Do You Just Want to Go Home? Information on Voluntary Departure (EOIR)
• How to Get a Voluntary Departure (Florence Immigrant & Refugee Rights Project)
• Resources for Repatriated Youth (USCRI)

All individuals in the United States, regardless of immigration status, have rights under the U.S. Constitution and other laws. Providers can help ensure unaccompanied children and sponsors know their rights and what to do in different situations.

The following resources provide more information on immigrants’ rights:

• Know Your Rights and Safety Planning (USCRI)
• Ten Warning Signs That Your Employer is Exploiting or Abusing You English and Spanish (USCRI)
• Know Your Rights (iAmerica)
• Immigrants’ Rights (ACLU)
• Living In the United States: A Guide for Immigrant Youth (ILRC)
• Downloadable Red Cards with Constitutional Rights (ILRC)
• Public Charge Information (PIF)
• State Map on Immigration Enforcement (ILRC)
• Stopping Immigration Services Scams (CLIN)
• Advocating for your Rights in Immigration Detention (FIRRP)
• How to Defend your Own Case (FIRRP)
• How to Get Medical Care While You Are in ICE Custody (FIRRP)
• Understand the Difference Between Judicial Warrants and Ice Warrants (CIRC)
• Understanding Immigration Enforcement Documents – Warrants and Subpoenas (Luminus)

• USCRI Humanitarian Legal Services Division
• Community Resource Directory (USCRI)
• National Immigration Legal Services Directory (Immigration Advocates Network)
• List of Pro Bono Legal Service Providers (EOIR)
• Search for Legal Help (Immi)
• Find Legal Help (Inmigrante Informado)
• Legal Assistance by State (ImportaMi)

While social service providers are not attorneys, it is important to understand the complicated legal processes that unaccompanied children (UCs) encounter as their immigration case progresses, so that providers are better equipped to assist children and families in complying with their immigration proceedings.

On 9/8/22, USCRI’s Children’s Services team hosted a training on “Legal Services for Unaccompanied Children: Training for Social Service Providers Working with UCs.” The training covers: an overview of government agencies and the immigration court process, common forms of legal relief for immigrant children, the EOIR automated system, completing the Change of Address and Change of Venue, and legal resources. Click the links below to watch the recording and view the training slides.

• Legal Services for Unaccompanied Children: Training for Social Service Providers Working with UCs
  • Training recording
  • Training slides

Our UC Resource Center offers videos and handouts in Spanish for families. Click the links to browse the resources and share them with your Spanish-speaking clients!

• Derechos de Inmigrantes (Know Your Rights) 
• Información Legal

Sponsors and UCs may encounter several acronyms in the materials you share with them and in materials on the UC Resource Center. Share the acronym guide, available in both Spanish and English, below!

• Acrónimos Comunes para Niños Inmigrantes y sus Patrocinadores (Common Acronyms for Unaccompanied Children and their Sponsors) (USCRI)

Other resources:

• LOPC: Legal Orientation Program for Custodians of Unaccompanied Children (EOIR)
• Immi – legal screening tool, information, and referrals
• Inmigrante Informado – Know Your Rights information and legal resources search
• ImportaMi – chat to receive legal information and referrals