Each year, thousands of unaccompanied children and youth arrive in the United States seeking refuge from abuse, violence, extreme poverty, and instability in their home countries. Entering the country without a parent or legal guardian, these young people find themselves without an authorized immigration status. Consequently, they face restrictions in obtaining legal employment, federal and state benefits (including financial aid), and other roadblocks to establishing a stable life.
Fortunately, some of these individuals may have the opportunity to change their immigration status through Special Immigrant Juvenile Status (SIJS), a humanitarian program aimed at protecting abused, neglected, or abandoned immigrant youth and providing a path to lawful permanent residence. The journey to obtaining SIJS can be challenging—but with the right strategies, they can be overcome to secure a brighter future for these vulnerable young people.
Understanding Special Immigrant Juvenile Status
Special Immigrant Juvenile Status is a multi-step process that begins in state juvenile court and concludes with U.S. Citizenship and Immigration Services (USCIS). While it does not automatically grant citizenship or lawful permanent residence (LPR), SIJS opens the door for eligible youth to pursue LPR, which can eventually lead to citizenship.
To be eligible for SIJS, children and youth must meet the following requirements:
Be under 21 years of age and unmarried
Currently live in the U.S.
Possess a legally recognized juvenile court order issued by a U.S. state court, affirming the following:
They are either deemed a dependent in the court’s jurisdiction or are under the custody of a state agency, department, or an individual or entity appointed by the court.
Reunification with one or both parents is unfeasible due to circumstances such as abuse, abandonment, neglect, or similar grounds as defined by state law.
Returning to their home country or last habitual residence or that of their parents isn’t in their best interests.
Strategies for Overcoming Challenges in SIJS Cases
Navigating the SIJS process is fraught with challenges, so it’s vital to take a strategic approach to each case. Here are some effective strategies that can increase the chances of a successful SIJS application:
Keep Time Constraints: When applying for Special Immigrant Juvenile Status, there’s a crucial timeframe to keep in mind. USCIS allows applications until the age of 21. However, state juvenile courts, which are essential in the SIJS process, lose control at 18. To make things more complex, advocates must secure the SIJS predicate order from the state court before it loses control. This urgency means advocates should start applying for SIJS as soon as possible and consider requesting expedited hearings for older youth to meet this deadline.
Consider Fee Waivers: Many unaccompanied children and their caregivers face financial challenges that can make the SIJS process and its associated fees burdensome. Fee waivers can be requested to help relieve the financial burden. When asking for a fee waiver, make sure to send evidence of the applied for or approved SIJS along with Form I-912, Fee Waiver Request.
Provide Comprehensive Evidence: Crafting a persuasive case for SIJS requires a nuanced approach. There must be a cohesive narrative that powerfully communicates the dangers, traumas, and adverse conditions the youth would likely face if compelled to return. Backing these statements up with the following evidence will greatly strengthen the case:
Psychological and medical examinations that offer insights into the emotional and physical impact of abuse, neglect, or abandonment
Birth certificates or other official documentation that established crucial details about the youth’s identity, age, and familial relationshipsReports on conditions in the SIJS applicant’s home country that demonstrate potential dangers they may face if forced to returnAffidavits or sworn statements from those with direct knowledge of the youth’s situation, the challenges they’ve faced, and the necessity for SIJS
Any relevant immigration process documents that demonstrate the youth’s adherence to legal requirements
Collaborate with Immigration Lawyers: Navigating the complexities of SIJS is challenging in and of itself, so it demands a comprehensive and coordinated approach. Working with an experienced immigration lawyer ensures that your pleadings and evidence align seamlessly with the goals of the case and prevent potential hurdles or delays. Immigration law is intricate, and SIJS cases often intersect with broader immigration considerations; an immigration lawyer can provide insights into how the SIJS application fits into the larger immigration context. They can also provide additional guidance on the next steps to take to help SIJS applicants reach their long-term immigration goals.
Contact the Experienced Team at the Ranchod Law Group
Advocating for SIJS applicants demands an in-depth understanding of immigration law, state court dynamics, and effective strategies to navigate challenges effectively. With 20 years of experience in immigration law, the Ranchod Law Group has helped countless clients from around the world reach their immigration goals. We’re committed to ensuring that eligible youth receive the protection and opportunities that the Special Immigrant Juvenile Status provides.
If you or someone you know is navigating the SIJS process, contact the Ranchod Law Group today at (916) 613-3553 or email us at info@ranchodlaw.com to schedule a consultation.
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