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When the children of immigrants are removed from their parents’ custody by a state juvenile court order, determining the best way to protect the interests and rights of these young individuals can become a complicated endeavor involving multiple government entities. In situations where it would not make sense to return one of these children to their country of origin, U.S. Citizenship & Immigration Services (USCIS) policy might allow a child to obtain Special Immigrant Juvenile Status (SIJS).
Applying for SIJS requires various forms of documentation and features an involved application process. Achieving a favorable outcome without a seasoned immigration attorney’s guidance can be rather difficult. Fortunately, an experienced Montgomery Special Immigrant Juvenile Status (SIJS) lawyer could help you protect your rights while complying with U.S. laws.
Special Immigrant Juvenile Status is a way for foreign-national minors to remain lawful U.S. residents despite having been removed from the custody of their parents by order of a judge. Through applying for adjustment of status either alongside their SIJS application or after USCIS approves their request, eligible minors can acquire green cards without parental assistance. This can protect them from further mistreatment.
As a knowledgeable attorney could affirm, SIJS protection does not entail federal immigration law superseding state-level juvenile court authority, or vice versa. In order for an immigrant minor to become eligible for this protection, they must first obtain a valid order from an state juvenile court stating that they cannot be reunified with their parents. Afterward, based on that order, USCIS might make a separate decision regarding the immigration status of the minor in question.
A resourceful attorney in Montgomery could further outline the protections offered by Special Immigrant Juvenile Status, to help a young individual determine whether it would help safeguard them.
In addition to having a valid juvenile court order based on abuse, abandonment, or neglect that places them in the custody of a state entity, an immigrant minor must also be under 21 and unmarried to apply for SIJS protection. They must also be physically present inside U.S. borders, both when they file their initial application and when USCIS makes a final decision.
Individuals seeking SIJS classification must compile evidence of their abuse or neglect. They also need to collect copies of the relevant court orders and complete Form I-360 to begin the application process. Depending on immigrant visa availability, SIJS applicants or recipients could pursue a green cards by applying for an employment-based permit under the fourth preference (EB-4) category.
A minor seeking Special Immigrant Juvenile status does not have to worry about navigating the application procedure alone, since a seasoned lawyer in Montgomery could provide valuable assistance during all stages.
Special Immigrant Juvenile Status can be a crucial lifeline for immigrant minors who have fallen victim to mistreatment at home. You would definitely benefit from contacting a compassionate legal representative If this permit applies to you.
A knowledgeable Montgomery Special Immigrant Juvenile Status (SIJS) lawyer could assess your situation, answer any questions, and help you get the freedom you need. Call the office today to get started on your case.