Special Immigrant Juvenile Status (SIJS) Lawyer

Being removed from the custody of a parent by court order can be a traumatic event for any minor. This is especially true for children who do not yet have lawful permanent residency or citizenship. Thankfully, a dedicated immigration attorney could help these children pursue legal options that could allow them to remain in the county.

If you believe that you—or a juvenile you know—are entitled to these protections, now is the time to speak with an attorney. It can be difficult to navigate this process on your own. You could benefit from a discussion with a Special Immigrant Juvenile Status (SIJS) lawyer.

What Is Special Immigrant Juvenile Status?

SIJS provides an avenue for certain non-residents to maintain legal residency in the United States, even after being separated from their parents by court order. By successfully applying for and securing these protections, eligible minors can obtain Green Cards without relying on parental assistance. This protection serves as a powerful shield against any further mistreatment they may face while allowing a child to continue on their immigration journey.

It is important to note that these protections do not supersede state courts or overwrite existing federal immigration law. Instead, SIJ status operates in tandem with those statutes, ensuring that all laws are complied with during this process. To qualify for SIJ protections, an immigrant minor must first secure a valid order from a state court affirming that reunification with their parents is impossible. Based on this court order, the United States Citizenship and Immigration Services (USCIS) will then make a separate determination regarding the child’s immigration status.

Who Qualifies for SIJS?

One of the most important factors is the age of the applicant: They must be under 21 years of age at the time they file. Applicants must also be unmarried.

There is also a location requirement. An applicant must be presently located in the United States and remain in the country from the time they apply until USCIS makes its decision.

One of the most important requirements is that a juvenile court has established that the applicant is dependent on the court and unable to reunite with their parents. The inability to reunite with parents must also be based on certain factors. For example, the court is required to have removed the minor from the custody of their parents for reasons of neglect, abandonment, or mistreatment.

Finally, there has to be a showing that the return to the applicant’s home country is not in their best interest. This is considered by USCIS on a case-by-case basis. The more time the juvenile has spent living in the United States, the harder the transition to their country of origin becomes. It is not uncommon for these applicants to not only have no ties to their home country but also face the substantial risk of persecution should they return. A skilled attorney could help an individual determine whether they qualify for Special Immigrant Juvenile Status and advocate for why these protections are in their best interest.

What Happens After the Application Is Filed?

USCIS will take immediate action once an application for SIJS is filed. First, the federal government is required to provide an applicant with a Notice of Action. This not only confirms receipt of the application but also provides a receipt number and formal filing date. This information could be critical in the future.

Applicants might receive requests for additional documentation while their application is being processed. These requests are often related to the circumstances surrounding the juvenile’s connection to their country of origin.

Obtaining a Green Card

Anyone securing SIJ classification could be eligible for a Green Card. This, in turn, may provide a path to citizenship in the United States. Once SIJS has been granted, an applicant must file a Form I-485. This form is the first step in requesting lawful permanent residency. A lawyer could help young immigrants apply for SIJS as the first step on their path to citizenship.

Talk to an Attorney About Special Immigrant Juvenile Status Today