Unlocking Opportunities for Undocumented Children: Special Immigrant Juvenile Status

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In recognition of the unique vulnerabilities of undocumented children in the United States, Congress enacted a federal law in 1990 to help them achieve lawful permanent residence. This distinct immigrant visa category, known as Special Immigrant Juvenile Status (SIJS), was further clarified and expanded on in 2008. Today, SIJS is a crucial avenue for undocumented children, particularly those involved in adoption or guardianship proceedings marked by abandonment, abuse, or neglect.

What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a legal process designed to assist certain undocumented children in the state juvenile system to obtain Lawful Permanent Resident (LPR) status. By obtaining SIJS, children can subsequently apply for LPR based on their unique circumstances, which often stem from experiencing abuse, neglect, or abandonment.

Eligibility Requirements for Special Immigrant Juvenile Status

To be eligible for SIJS, applicants must meet specific criteria:

  • The applicant must be under 21 years old and unmarried.
  • The applicant must be declared a dependent in a juvenile court in the United States and remain under the court’s jurisdiction throughout the SIJS application process.
  • The juvenile court must find that reunification with one or both parents is not possible due to abuse, neglect, abandonment, or a similar basis under state law. The court must also determine that it is not in the child’s best interest to return to their country of nationality or last residence.

Understanding the Filing Process

Currently, SIJS applicants must submit a Form I-360 visa petition, accompanied by additional documentation. This includes a juvenile court order outlining specific findings and signed by a judge. Applicants may also apply for lawful permanent residence at the same time, or wait until after the petition is approved. Applicants may also get permission to work while their application is being processed; once the visa is approved, they can become permanent legal residents.

SIJS applicants don’t have to meet some of the usual requirements for permanent residence, like proving they entered the U.S. legally. However, in cases that involve criminal or immigration issues, they may need a waiver. In such cases, it’s highly advisable to consult with an experienced immigration attorney.

To apply for SIJ classification, applicants need to submit the following forms and supporting documents to USCIS:

  • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
  • Evidence of age, such as a birth certificate, passport, or an official document issued by a foreign document
  • A valid juvenile court order that makes the necessary determinations and is backed by evidence supporting the court’s decision
  • If the applicant is in HHS custody, written consent from the U.S. Department of Health and Human Services Office of Refugee Resettlement
  • If the applicant has legal representation, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

Form I-360 must be submitted before the applicant’s 21st birthday. Since mail delivery or obtaining a court order can delay filing, USCIS also permits in-person submissions at a field office within two weeks before the applicant’s 21st birthday. Expedited appointments can also be requested by the applicant’s immigration attorney or accredited representative.

The Importance of Legal Representation

While SIJS provides a unique and compassionate pathway for undocumented children, it can be difficult to navigate on your own. Working with an experienced immigration attorney is crucial, especially in cases involving potential waivers for criminal or immigration issues. An attorney can ensure proper documentation, guide applicants through the process, and address any legal challenges that may arise.

If you or someone you know is seeking assistance with Special Immigrant Juvenile Status, contact the Ranchod Law Group. With over 20 years of experience in immigration law, we’ve helped countless clients from around the world realize their immigration goals. We provide personalized guidance tailored to your unique circumstances and stay current with the latest immigration laws and regulations. We also have in-depth experience in helping clients obtain various types of waivers, should your case include more complex legal issues.

To schedule a consultation, contact us today at (916) 613-3553 or email us at info@ranchodlaw.com.