What is the Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status (SIJS) is an immigration benefit available to young people who are in the United States and who have been abused, abandoned, or neglected by at least one parent.
Who qualifies for SIJS?
To apply for SIJS, you must meet the following requirements:
- Be under the age of 21 at the time of filing.
- Currently live in the United States. If you are outside the United States, you cannot apply for SIJS.
- Be single. This means that you have never been married or that you have been married before and your marriage was terminated by annulment, death, or divorce.
- Have a court order from a state juvenile court stating that:
- You are dependent on the court or in the custody of a person or agency appointed by the court,
- Reunification with one or both parents is not viable due to abuse, abandonment, or neglect, and
- That it is not in your best interest to return to your country of origin.
What are the benefits of the SIJS?
The main benefit of SIJS is that it provides a path for lawful permanent residency in the United States.
What is the process for obtaining legal status through SIJS?
The process to become a lawful permanent resident through the juvenile visa consists of three parts:
- First, you must have an order from a state juvenile court setting out the points listed above. This order can be obtained through a custody process, divorce, third-party custody, establishment of paternity, or guardianship, among others. In Minnesota, there is also a special process for establishing guardianship for at-risk juveniles that is available to those young people who are between the ages of 18 and 21.
- Second, once you get the order from the state juvenile court, you must file Form I-360, Petition for Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS), so USCIS can classify you as a Special Immigrant Juvenile (SIJ). Along with Form I-360, you will need to file a copy of the state court order, along with proof of your age. You must file this form before you turn 21.
- Finally, if the Immigration Service grants you SIJ classification, you will be able to apply for lawful permanent residency once a visa is available to you. Immigrant visas for SIJ come from the fourth preference (EB-4) category for special immigrants in employment-based immigrant visas. If you want to know if you have a visa available to you, you should consult the Visa Bulletin, which is a monthly report prepared by the U.S. Department of State.
Do you need to hire a lawyer to apply for SIJS?
The process of obtaining legal status through SIJS is complex, and it is very difficult to be successful without the advice of an experienced immigration attorney.
The outcome of the SIJS petition could determine your future in the United States, and if you lose your case, you could be placed in deportation proceedings. That is why it is important to consult with an experienced attorney to evaluate your case.
At Bienvenidos Law Firm, Inc., we have more than 25 years of experience in immigration cases, and we have handled many SIJS cases. If you are interested in this immigration benefit, call us at 763-951-2235 or email us at blf@bienvenidoslaw.com to schedule an appointment to evaluate your case.
