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Special Immigrant Juvenile Status (SIJS) Process
Understanding the Special Immigrant Juvenile Status (SIJS) Process
At Barrera Legal Group, we are dedicated to helping vulnerable children and young adults navigate the complex immigration system. One crucial form of relief for immigrant children who have been abused, abandoned, or neglected is the Special Immigrant Juvenile Status (SIJS). This status not only protects the child from deportation but also opens the door to applying for lawful permanent residency (a green card) in the United States.
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What is SIJS? Special Immigrant Juvenile Status (SIJS) is a form of immigration relief available to children under the age of 21 who have been subjected to abuse, neglect or abandonment by one or both parents. SIJS allows these children to apply for legal residency in the U.S. based on their vulnerable status.
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Who Qualifies for SIJS? To qualify for SIJS, the following criteria must be met:
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The applicant must be under 21 years old.
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The applicant must be unmarried.
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A juvenile or family court must have declared the child dependent on the court or placed the child under the custody of a state agency, department, or individual.
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The court must have determined that it is not in the child's best interest to return to their home country.
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The court must have found that the child cannot reunify with one or both parents due to abuse, neglect or abandonment.
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The SIJS Process: Step by Step
1. Obtain Guardianship, Adoption or Custody Orders: The first step in the SIJS process is obtaining a guardianship or custody order from a juvenile or family court. The court must issue a special findings order that confirms the child’s eligibility for SIJS. This order will include findings of abuse, neglect or abandonment and a determination that it is not in the child’s best interest to return to their home country. It is important to note that although the age requirement for eligibility for USCIS is 21 years of age, some state courts will not grant guardianship orders and corresponding special findings order if a child is 18 years of age or older. These jurisdictions may require filing an adoption process to obtain the necessary orders to apply with USCIS.
2. File Form I-360: Once the special findings order is obtained, the next step is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the U.S. Citizenship and Immigration Services (USCIS). This petition seeks to classify the child as a Special Immigrant Juvenile.
3. Await USCIS Approval: USCIS will review the I-360 petition and, if approved, the child will be granted Special Immigrant Juvenile Status. This approval provides the child with protection from deportation and allows them to apply for an Employment Authorization Document (EAD), which permits legal work in the United States.
4. Apply for Adjustment of Status (Form I-485): Once the child’s priority date becomes current (which may take several years), they can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This step will provide the child with lawful permanent residency in the U.S. It should further be noted that waiting for a priority to be allowed to file the Form I-485 may take approximately 3-4 years depending on the child’s country of origin.
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Why Choose Barrera Legal Group? Navigating the SIJS process can be complex and requires careful legal guidance. At Barrera Legal Group, we have extensive experience in representing children and young adults seeking SIJS. Our team is committed to providing compassionate and thorough legal services to help you or your loved one obtain the protection and stability offered by SIJS.
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If you believe you or someone you know may be eligible for SIJS, contact Barrera Legal Group today to schedule a consultation. We are here to help you every step of the way.