FAQ

If you are under age 21 and live in Northern California, LSC can do a free legal screening with you and advise you about your legal options. If you qualify for SIJS, DACA, T Visa, U Visa, or Asylum (lawful immigration relief options) and live in San Francisco county, we may be able to represent you in your case for free. We offer services in English and Spanish, and can access translators for some other languages. Call our Warmline to learn what legal options are available for you.  You can also find more information about immigration in our other Frequently Asked Questions.

LSC is unlikely to be able to represent you in your immigration case, but if you live in Northern California, we may be able to do a screening by phone and give you some referrals. Feel free to call our Warmline. You can also find other organizations nationwide that provide free or low-cost immigration representation on the National Immigration Legal Services Directory.

For general information about your rights as an immigrant youth in the US, see this guide by the Immigrant Legal Resource Center (available in English and Spanish).

There are many ways to obtain lawful immigration status. Each one depends on the facts of your case. See our FAQs on SIJS, Asylum, U Visas, T Visas, and DACA for more information about some of the most common ways to get lawful immigration status. It’s important to talk to an attorney about your individual case so they can advise you about your options and what the risks and benefits are.

If you are already in removal proceedings and have an upcoming immigration court hearing, review our formation about what to expect at court. If you don’t already have an immigration attorney to represent you, call our Warmline – we may be able to represent you in your case, or help you find an attorney elsewhere who can.

Every family should have a plan, regardless of immigration status, in case a parent is unavailable to take care of their children. This short video provides some basic guidance and steps that a parent who does not have immigration documentation may take now to prepare in case they are unavailable to care for their child. If you found this useful, you may also want to watch this longer and more detailed video.

Prepare an Emergency Plan and keep it in a safe place – here are sample Emergency Plans that you and your family can fill out together:
Emergency Plan: English
Emergency Plan: Español

U.S. Immigration & Customs Enforcement, or ICE, sometimes conducts unannounced visits to public or private places – also known as “raids”. If ICE comes to your home, school, workplace, place of worship, or other places where you are, you have certain rights in that situation. Learn about your rights in the event of an ICE raid.

Yes! Even without lawful immigration status, you have the same right to education as all other youth in the U.S. However, many non-U.S. citizens are not eligible for federal financial aid for college. In California, you may be eligible for the lower tuition costs charged to students from California, thanks to California Assembly Bill AB540, and you may be able to obtain state financial aid through the California Dream Act.

Special Immigrant Juvenile Status is a form of legal immigration relief (which means it helps undocumented people). It allows children and youth under age 21 who have been abused, abandoned, or neglected by one or both of their parents to apply for permanent residency (a “green card”). (Remember: you need to speak to an immigration attorney so they can help you determine whether you may be eligible for SIJS and support you in applying if you are eligible.)

Asylum allows children and youth to remain permanently in the U.S. if they can show they have been harmed or fear harm in their home country because of their race, religion, nationality, membership in a particular group, or political opinion. People granted asylum are eligible to apply for lawful permanent residence (a “green card”) after one year. (Remember: you need to speak to an immigration attorney so they can help you determine whether you may be eligible for a T Visa and support you in applying if you are eligible.)

DACA, or Deferred Action for Childhood Arrivals, is a form of legal immigration relief (which means it helps undocumented people). It allows youth who began living in the U.S. before turning 16, who have lived here for a certain period of time, and who are either enrolled in school (or certain other education programs) or have obtained their high school diploma or GED to seek authorization to get a job in the US. It also prevents the immigration authorities from attempting to deport DACA recipients for a period of two years each time they get approved for DACA. (Remember: you need to speak to an immigration legal advocate so they can help you determine whether you may be eligible for DACA and support you in applying if you are eligible.)

A U Visa is a form of legal immigration relief (which means it helps undocumented people). It’s a way to get a work permit and then eventually a “green card” if an undocumented immigrant has been a victim of certain crimes and the undocumented person was helpful to the police or another law enforcement agency. (Remember: you need to speak to an immigration attorney so they can help you determine whether you may be eligible for a U Visa and support you in applying if you are eligible.)

A T Visa is a form of legal immigration relief (which means it helps undocumented people). It’s a way to slow down or stop deportation, and live and work legally in the US if you have been the victim of certain types of human trafficking. When you receive a T Visa, after a few years you can apply for a “green card” (permanent residency). A T Visa holder’s parents, siblings, and children can qualify for a T Visa, too. (Remember: you need to speak to an immigration attorney so they can help you determine whether you may be eligible for a T Visa and support you in applying if you are eligible.)

A legal guardianship is a decision by a judge that a responsible person over the age of 18 who is not a child’s birth parent will have custody of a child under 18 who needs a safe place to live. A guardianship does not terminate the rights of parents, but it does suspend the parents’ ability to make decisions about their child’s life.

A guardian is someone who cares for a young person and makes decisions that a parent would usually make, which means a guardian is in charge of things like:

• Providing a child with a safe place to live
• Providing a child food and clothes
• Supporting a child’s academic goals and helping with anything related to school
• Taking a child to see a doctor when the child is sick or hurt and for annual physicals
• Helping a child make life decisions
• Helping a child learn real-world skills

LSC may be able to assist you with the guardianship process if you live in San Francisco County or Alameda County, you are age 12 or older, and you are not able to live with your parents or current guardians. If you are under 12, the person who you’d like to have as your new legal guardian can seek the legal guardianship in court – click here for information about service providers who can help. If you have more questions about the guardianship process or you would like LSC’s help getting your legal guardianship, call LSC’s Warmline.

Yes, but it may be harder for that adult to meet your needs because they don’t have the legal authority to do so. For example:

• Health insurance companies won’t cover a minor on an adult’s policy unless the adult is a parent or guardian
• Some medical providers won’t care for a minor without the signature of a parent or guardian
• Some government benefits (welfare) rules require a minor to live with a parent, close relative, or guardian to receive aid
• Some school issues require a parent or guardian’s involvement, especially issues around special education
• Adults who wish to apply for financial aid to help the young person they care for pay for college may need to be the young person’s parent or legal guardian in order to be eligible

However, even without a guardianship, the adult you live with can sometimes take care of your needs with a Caregiver’s Authorization Affidavit. Contact LSC if you want help figuring out if the Affidavit will work for you.

Go to Find My Court for a list of California’s Superior Courts. Look for the court in your area and contact them for information about their guardianship process and legal assistance.

Emancipation is an option for some youth, though emancipations are rare. Emancipation is a legal process that frees a young person age 14-17 from the custody and control of their parent(s) or guardian. Minors can be emancipated if they enter into a valid marriage, are on active duty in the US Armed Forces, or have received a declaration of emancipation from a court. The requirements to receive a declaration of emancipation include:

• Child is at least 14 years old
• Child willingly doesn’t live with their parents or guardian, and the parents or guardian are okay with this or are not actively trying to get the child back
• Child manages his/her own finances
• Child’s source of income is legal
• Emancipation would be in the child’s best interests

If you believe emancipation would be the best option for you, learn more about the process in our Emancipation Manual. Call LSC’s Warmline if you have any questions.

Dependency describes a legal case in which Child Protective Services has filed a petition in court stating that a child’s parents have abused, neglected, or abandoned them. Sometimes Child Protective Services asks the court for permission to remove the child from the parents’ custody and place that child in foster care. Sometimes they are only asking that the court order the parents to participate in supportive services to help protect the child while the child remains in the parents’ home.

When a petition is filed for a child, the child will be assigned an attorney whose responsibility it is to meet with the child and discuss the case. This attorney is just for that child – the parents will get their own attorneys. The child’s attorney will explain the legal process and ask what the child wants to have happen, such as where the child wants to live, what the child feels they need to stay safe, and what services might help the family. If the child wants, they can always attend the court hearings so they know what is happening in the case.

Only Child Protective Services can file a dependency petition. Anyone can ask Child Protective Services to file a petition, and, if they refuse, can ask the court to review the decision and decide if Child Protective Services should be ordered to file the petition.

If you are already in foster care, you should already have an attorney. If you are not sure who your attorney is, call your local Juvenile Court or our Warmline to get that information.

If you left foster care after your 18th birthday and you are still under 21, you can re-enter foster care. If you have the contact information for your attorney or county social worker, contact them first to find out how to re-enter foster care. If you do not know who your previous attorney or social worker is, call your local Juvenile Court or our Warmline to get that information.

The Extended Foster Care Program enables foster youth in California to remain in, or return to, foster care until age 21. You should always reach out to your county social worker or attorney first with questions about your status as a foster youth. These general resources from the California Department of Social Services can also provide an overview of Extended Foster Care (which is made available through CA Assembly Bill 12, or AB12).

Emancipation is an option for some youth, though emancipations are rare. Emancipation is a legal process that frees a young person age 14-17 from the custody and control of their parent(s) or guardian. Minors can be emancipated if they enter into a valid marriage, are on active duty in the US Armed Forces, or have received a declaration of emancipation from a court. The requirements to receive a declaration of emancipation include:

• Child is at least 14 years old
• Child willingly doesn’t live with their parents or guardian, and the parents or guardian are okay with this or are not actively trying to get the child back
• Child manages his/her own finances
• Child’s source of income is legal
• Emancipation would be in the child’s best interests

If you believe emancipation would be the best option for you, learn more about the process in our Emancipation Manual. Call LSC’s Warmline if you have any questions.

A suspension generally means a student will be unable to attend school for up to five days. The parent must be notified, and the student and parent should meet with the principal before the suspension to explain their side of the story. Before the student is suspended, the school should offer the student services as an alternative way to address any behavioral issues. This can include restorative circles and referrals to counseling or anger management. Do not give written statements and don’t sign stipulated agreements.

An expulsion means a student is not allowed to attend school. If a school wants to expel a student, that student has a right to a hearing and to bring a lawyer to represent them. Being expelled is serious because it means you cannot attend a regular school.

You must have committed a specific act at school, at a school-sponsored event, or on your way to or from school. The most common grounds are:

• Possessing, using, or selling dangerous objects, like guns, knives, or fireworks
• Possessing, using, selling, or attempting to sell alcohol, drugs, or any drug-related items
• Stealing or attempting to steal the school’s or another person’s property
• Causing, attempting, or threatening physical harm, except in self-defense

You cannot be suspended for being absent from or late to school.

The ACLU’s Fact Sheet has additional information on school discipline and your rights.

If you are recommended for expulsion, you must receive a fair hearing before you are expelled. Students have a number of rights including a right to notice of the hearing, the right to bring an attorney or other advocate to the hearing, the right to look at the school’s evidence, and a right to present evidence. The ACLU provides a comprehensive Fact Sheet on students’ school rights during suspensions, expulsions, and involuntary transfers.

Expulsions are very serious. If you want a lawyer and live in the San Francisco Bay Area, LSC may be able to represent you at your hearing or help you find a free lawyer or advocate. We can also help you if you are facing a possible suspension. Call LSC’s Warmline for more information.

If you live outside of the SF Bay Area, LSC may not be able to represent you in a school discipline case, but call our Warmline for advice on where you can look for help.

If you believe you have experienced discrimination, harassment, intimidation, or bullying based on disability, gender, nationality, race/ethnicity, religion, and/or sexual orientation, you can file a complaint with the Department of Education’s Office of Civil Rights. The complaint form can be found online. You can also file a complaint with the Office of Civil Rights.   Here is more information on how to file these complaints.

You can find the complaint form online. Instructions for making a complaint are available from the California Commission on Teacher Credentialing. The complaint must be a first-hand report, meaning the person who witnessed or heard the misconduct themselves must file the report.

Complaints are investigated by the Division of Professional Practices. Decisions will then be made by the Commission on Teacher Credentialing about whether to take disciplinary action against the teacher named in the complaint.