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The federal government provides an opportunity to juveniles without legal immigration status who have been taken into custody due to neglect or abandonment. This program, known as special immigration juvenile status, allows certain young people a path to remain in this country.
Eligibility for this program is limited, and many will never qualify. A Chamblee special immigrant juvenile status (SIJS) lawyer could offer support and help give an applicant a leg up in the process. Before you attempt to apply on your own, call a seasoned immigration attorney for a review of your case.
There are strict requirements that must be met before a person will be awarded these legal protections. The program is intended for young people that are victims of abuse or neglect, meaning that many will not qualify. An attorney in Chamblee could assist with determining eligibility for special immigration juvenile status.
First and foremost, there is an age requirement. An applicant must be under 21 years old and unmarried. They must also be a recipient of a court order that declares them a dependent of a juvenile court. This requires a court order from a state judge.
Additionally, reunification with the parents must be out of the question. This can be due to prior acts of abuse, neglect, or abandonment. Applicants are not eligible if reunifying is an option the court considers available and appropriate.
The last factor is especially important. The government must determine that sending the child back to their nation of origin or previous residence is not in their best interest. This could be due to factors like the inability to care for themselves or the risk of violence if they return to a place with civil unrest.
Having this status benefits an immigrant in countless ways. One of the most important factors is that it can serve as a waiver for serious issues that would otherwise bar a person from immigrating to this country. For example, someone who entered the U.S. illegally may still qualify for a green card if they have special immigrant juvenile status, which a Chamblee lawyer could explain. Waivers also apply to those who worked in the country without authorization or violated other aspects of federal immigration law.
As is the case with most immigration procedures, applying for SIJS is a document-heavy process. To start, an applicant must complete something known as Form I-360. While this initiates the process, there are additional supporting documents that must also be supplied. This includes the state-level court order confirming that the juvenile is in the custody of the government.
The United States Citizenship and Immigration Services will review the application and make a final decision. When this status is awarded, the juvenile can apply for a green card. This is done by submitting a document known as Form I-485. If granted, this visa provides a path to citizenship.
This process can be long and difficult. The good news is the applicant does not have to navigate it alone. A special immigrant juvenile status attorney in Chamblee could provide vital guidance along the way.
When you believe you are entitled to protection from deportation due to abandonment or neglect, this status could be life changing. Securing it can be difficult, but help is available. Call a Chamblee special immigrant juvenile status lawyer right away to get started.