Comprehensive Overview of Immigration Law (COIL) Practice Exam

What must be proven for Rey to qualify for SIJS?

1. His father was convicted of a crime

2. Safety and welfare issues due to abuse or neglect

3. His mother supports his application financially

4. Reunification with his father is uncertain

The correct answer is: Safety and welfare issues due to abuse or neglect

To qualify for Special Immigrant Juvenile Status (SIJS), it is essential to demonstrate safety and welfare issues due to abuse, neglect, or abandonment. In Rey's case, the ability to prove significant harm or the inability of a parent to provide a safe and suitable living environment is fundamental to the application process. SIJS is specifically designed to protect children who have been subjected to such adverse circumstances, allowing them to seek residency in the U.S. when returning to their home country is not in their best interest. The requirement that safety and welfare concerns must be proven stems from the intention of the SIJS provisions to provide a legal route for minors who are at risk of further harm. This situation emphasizes the priority of ensuring that the child is in a safe environment, thus aligning with the human rights considerations embedded in U.S. immigration policy. Other choices, while they might touch upon various aspects of Rey's situation, do not directly satisfy the criteria established for SIJS eligibility. For instance, showing that a parent supports an application financially or that reunification is uncertain does not inherently demonstrate the pressing need for protection from abuse or neglect, which is the core aspect that SIJS addresses.