Atlanta Special Immigrant Juvenile Status (SIJS) Lawyer

When minor children of immigrants are removed from the custody of their parents due to abuse or neglect, their own immigration status can become complicated. This is true whether the parents sponsored the children for a visa or if they never acquired a legal immigration status.

In these situations, the federal government provides an answer for these children through a program called Special Immigrant Juvenile Status (SIJS). SIJS might be a viable option, especially with the help of a seasoned immigration attorney. Let an Atlanta special immigrant juvenile status lawyer assist with these complex cases.

Benefits of SIJS

SIJS provides a path for foreign-national minors to secure or maintain lawful residency in the U.S. Eligible minors can obtain green cards without parental assistance by applying for adjustment of status alongside their SIJS application or after USCIS approves their request. This protection shields them from further mistreatment without being forced to leave the U.S. and go to a country they are unfamiliar with.

This federal program does not supersede state court juvenile court rulings. Before a minor can qualify for protection under federal law, there must be a state court order establishing they cannot or should not be reunited with their parents.

Obtaining this status could be life-changing for a child who lived with abuse or neglect at the hands of their parents. An Atlanta attorney could ensure potential applicants understand every aspect of special immigrant juvenile status.

Qualifying for SIJS

There are certain requirements a child must meet to qualify for SIJS. First and foremost, an applicant must be younger than 21 years of age at the time they apply. They must also currently reside within the United States, both at the time they apply and at the point when the USCIS makes its final decision. Married individuals are not eligible for SIJS.

A child navigating this process must have a court order from a state juvenile court establishing that they cannot or should not be in their parent’s custody. This could be for a variety of reasons, like abandonment, abuse, or neglect. However, this court order must not be sought primarily for immigration purposes.

One of the most important requirements of the SIJS program involves proving the impact removal from the country would have on the child. A person applying for SIJS must be able to show that removal from this country is not in their best interest. This often involves proof that they have few or no ties to their country of origin or that removal could be inherently dangerous.

It might not be immediately clear if a person is eligible for the protections of SIJS, especially when it comes to determining if the underlying state court order is appropriate. An Atlanta special immigrant juvenile status attorney could assist with meeting every requirement under the law.

Contact a Special Immigrant Juvenile Status (SIJS) Attorney in Atlanta

If you believe you are entitled to protection under SIJS, it is crucial for you to seek guidance from an attorney. These applications are not always approved, especially when there are questions about the state juvenile court order. Reach out to an Atlanta special immigrant juvenile status (SIJS) to get started.