Special Immigrant Juvenile Status

Who is Eligible for Special Immigrant Juvenile Status (SIJS)?

To qualify for SIJS, the applicant must meet several key criteria:

1. Age Requirement:

   • The child must be under 21 years old at the time of filing the SIJS petition.
   • In some states, the age limit may be lower due to state court jurisdiction rules.

2. Unmarried Status:

   • The child must be unmarried at the time of filing the SIJS petition and throughout the process.

3. Court Dependency or Custody:

   • A state juvenile court must determine that the child is dependent on the court, or the child has been placed in the custody of an individual, agency, or entity (such as foster care or a legal guardian).

4. Abuse, Neglect, or Abandonment:

   • The court must find that the child cannot reunite with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law.

5. Best Interests of the Child:

   • The court must also determine that it is not in the child’s best interests to return to their home country or the country of their parents’ nationality.

Benefits of SIJS

• Path to Permanent Residency: SIJS provides a pathway to obtaining a Green Card, granting the child lawful permanent residency in the U.S.
• Work Authorization: Once the child obtains permanent residency, they are eligible for work authorization.
• Protection from Deportation: Children who receive SIJS are protected from deportation, even if they were previously undocumented or in removal proceedings.
• Path to U.S. Citizenship: After holding a Green Card for five years (or three years in certain cases), SIJS recipients can apply for U.S. citizenship.

Our SIJS Services Include:

1. State Juvenile Court Proceedings

To begin the SIJS process, the child must obtain a juvenile court order that declares the child dependent on the court or places them in the custody of an individual or state agency. The court must also make findings related to abuse, neglect, or abandonment and determine that reunification with one or both parents is not viable.

We assist with filing the necessary paperwork in state court, including:

• Guardianship or Custody Petitions: If the child is not already in the custody of a guardian or state agency, we help file petitions for legal guardianship or custody.
• Requesting Special Findings: We help prepare and present the case to the juvenile court, requesting the special findings that are required for SIJS, including the determination that the child cannot reunite with their parents due to abuse, neglect, or abandonment and that it is not in their best interest to return to their home country.

2. Form I-360 Petition for SIJS

After obtaining the required juvenile court order, we assist with filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with U.S. Citizenship and Immigration Services (USCIS). This is the federal immigration petition that allows the child to seek SIJS.

• Form I-360 Preparation: We complete and submit Form I-360 on behalf of the child, ensuring that all necessary documents, including the juvenile court order, are included.
• Supporting Documentation: We help gather and submit all required documentation, such as birth certificates, proof of court dependency or custody, and evidence of the child’s residence in the U.S.

3. Adjustment of Status (Green Card Application)

Once the I-360 petition is approved, the child can apply for a Green Card through Adjustment of Status. We assist with filing Form I-485 (Application to Register Permanent Residence or Adjust Status) to secure lawful permanent residency for the child.

• Eligibility for Adjustment of Status: We ensure that the child meets all eligibility requirements for adjusting status to permanent residency, including admissibility to the U.S.
• Work Authorization and Travel Documents: As part of the adjustment process, we help apply for work authorization (Form I-765) and travel documents (Form I-131) if needed.
• Medical Examination: We coordinate with civil surgeons to ensure the child completes the required medical examination for the Green Card application.

4. Protection During Removal Proceedings

If the child is already in removal (deportation) proceedings, we provide legal representation to ensure that they can pursue SIJS and protection from deportation. We work with immigration courts to advocate for the child’s eligibility for SIJS and to secure a stay of removal while the SIJS application is processed.

• Motion to Terminate Removal Proceedings: Once the child’s SIJS petition is approved, we can file a motion to terminate the removal proceedings to allow the child to adjust status and obtain permanent residency.

5. Ongoing Legal Support and Representation

The SIJS process involves multiple steps, including state court proceedings, federal immigration petitions, and applications for permanent residency. Throughout the process, we provide:

• Legal Representation: We represent the child and their guardian in all court and immigration proceedings.
• Document Preparation: We assist with preparing all forms and supporting evidence to ensure compliance with both state and federal requirements.
• Case Monitoring: We keep you informed of the status of the SIJS and Green Card applications and provide timely updates on any developments.

Why Choose Us for SIJS Services?

• Comprehensive Expertise: We have extensive experience handling both the state court and federal immigration aspects of SIJS cases, ensuring that all requirements are met.
• Child-Focused Approach: We understand the sensitive nature of SIJS cases and provide compassionate support to children and their guardians throughout the process.
• Full-Service Representation: From filing juvenile court petitions to obtaining permanent residency, we handle every aspect of the SIJS process.
• Legal Advocacy: We provide strong legal advocacy in both state court and immigration proceedings to ensure the child’s rights are protected and that they receive the immigration benefits they are entitled to.

Important Considerations for SIJS

• No Petition for Parents: Once a child receives SIJS and becomes a lawful permanent resident, they cannot use their Green Card to petition for immigration benefits for their parents, even if their parent was not the abusive or neglectful parent.
• Limited Age and Marital Status: The child must be under 21 and unmarried throughout the SIJS process. If the child turns 21 or marries before the Green Card is granted, they may no longer be eligible for SIJS.
• Travel Restrictions: SIJS recipients should be cautious when traveling outside the U.S., as it may affect their ability to return or their SIJS eligibility.

Need Help with Special Immigrant Juvenile Status?
If you or a child in your care is eligible for SIJS, our experienced team is here to provide expert guidance and compassionate legal support throughout the process. Contact us today for assistance with filing your SIJS petition and securing permanent residency for the child.