SIJS Helps Juveniles from being Victims of Neglect and Abuse
Pathway to U.S. Permanent Residency Through the SIJS Visa Process
Special Immigrant Juvenile Status (SIJS) is a classification that allows certain immigrant children in the United States who have been abused, abandoned, or neglected to apply for lawful permanent residency (a green card). SIJS is designed to protect vulnerable children and provide them with a pathway to remain safely in the United States.
Here is a detailed explanation of the SIJS immigration process:
Information on the SJIS Visa Process
Key Features of the SJIS Visa
The key features of an SJIS visa, also known as a Special Immigrant Juvenile Status visa, are that it allows undocumented children who have been abused, neglected, or abandoned by their parents to gain legal permanent residency in the United States, provided they are under 21 years old, unmarried, and deemed unable to safely return to their home country due to the abuse or neglect they experienced; this usually requires a court finding establishing their dependency status through a guardianship, custody, or adoption proceeding.
- Eligibility based on abuse/neglect: The primary requirement is proof of abuse, abandonment, or neglect by a parent, making it impossible for the child to safely live with them.
- Age limit: Applicant must be under 21 years old.
- Marital status: Applicant must be unmarried.
- Court involvement: A family court must issue a finding that the child is eligible for SIJS status through a guardianship, custody, or adoption proceeding.
- No reunification possibility: The court must determine that reunification with the parents is not possible due to the abuse or neglect.
- Path to permanent residency: Once granted, the SJIS visa allows the child to apply for a green card and become a lawful permanent resident.
Eligibility for SJIS Visa
To qualify for SIJS, an applicant must meet the following conditions:
- Age Requirement:
- Must be under 21 years old at the time of filing the SIJS petition.
- Some states may impose a stricter age limit for obtaining state court orders.
- Unmarried Status:
- Must be unmarried at the time of application.
- Court Order:
- A juvenile court in the United States must issue an order finding:
- The child has been abused, abandoned, or neglected by one or both parents.
- Reunification with one or both parents is not viable.
- It is not in the child’s best interest to return to their home country or to the country of their last residence.
- A juvenile court in the United States must issue an order finding:
- Physical Presence in the U.S.:
- The child must be physically present in the United States to apply for SIJS.
- No Serious Criminal History:
- While not explicitly required, having a clean criminal record strengthens the case.
Application Process When Applying for a SIJS Visa
STEP 1: Obtain a State Court Order
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- The first step is to obtain a court order from a juvenile, family, or probate court in the state where the child resides. The court order must include:
- A determination that the child has been abused, abandoned, or neglected.
- A finding that it is not in the child’s best interest to return to their home country.
- A statement that reunification with one or both parents is not viable.
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- Once the court order is obtained, the child (or their representative) must file Form I-360 with U.S. Citizenship and Immigration Services (USCIS).
- Supporting documents include:
- Certified copy of the juvenile court order.
- Evidence of the child’s age, such as a birth certificate or passport.
- Statement explaining why SIJS is being sought.
STEP 3: Adjustment of Status
STEP 2: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
STEP 4: Attend the USCIS Interview
- If Form I-360 is approved, the child may apply for a green card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Eligibility to file Form I-485 depends on the availability of visa numbers for SIJS applicants (refer to the Visa Bulletin).
STEP 4: Attend the USCIS Interview
STEP 4: Attend the USCIS Interview
- USCIS may schedule an interview for the child to verify eligibility and assess the application.
- Bring all relevant documents, including the court order, Form I-360 approval notice, and supporting evidence.
STEP 5: Receive Green Card
STEP 5: Receive Green Card
- If approved, the child will receive a green card, granting them lawful permanent resident status.
Are There Benefits for Applying for a SIJS Visa?
Obtain Permanent Residency in the U.S.
Yes, applying for a Special Immigrant Juvenile Status (SIJS) visa offers significant benefits, including a pathway to lawful permanent residency (green card), protection from deportation, work authorization, eligibility for certain government benefits, and the potential to eventually become a U.S. citizen; essentially providing stability and security for children who have experienced abuse or neglect in their home countries.
- Pathway to Citizenship: Once granted SIJS, a child can apply for a green card and eventually pursue U.S. citizenship after meeting residency requirements.
- Work Authorization: SIJS recipients can obtain a work permit, allowing them to legally work in the United States.
- Protection from Deportation: This status shields children from deportation, providing stability and security.
- Access to Benefits: Depending on their state, SIJS recipients may be eligible for certain government benefits like healthcare, education, and social services.
- Waiver of Inadmissibility Grounds: SIJS can waive various grounds that would typically prevent someone from obtaining a green card, such as unlawful entry or working without authorization.
At New Path Group Services, we understand the importance of proper immigration assistance so get the help you deserve.
Are There Any Challenges to Consider?
Important Considerations
- Waiver of Certain Inadmissibility Grounds:
- SIJS applicants are exempt from certain grounds of inadmissibility, such as public charge and unlawful entry.
- However, other grounds, such as criminal convictions, may still apply.
- No Derivative Benefits:
- SIJS does not allow applicants to confer benefits to their parents or siblings. This ensures that the abusive or neglectful parents do not benefit from the child’s immigration status.
- Age-Out Protections:
- As long as the Form I-360 is filed before the applicant turns 21, they may still qualify for SIJS even if they turn 21 during the process.
- Work Authorization:
- After filing Form I-485, applicants can apply for a work permit (Employment Authorization Document, or EAD) while waiting for their green card.
Challenges and Common Issues
- State Court Jurisdiction:
- Laws regarding juvenile court jurisdiction and age limits vary by state. For example, some states limit court jurisdiction to children under 18, which can complicate eligibility.
- Delays:
- SIJS processing times can be lengthy, and delays may occur due to backlogs at USCIS or visa number availability.
- Limited Legal Representation:
- Navigating the SIJS process can be complex, and many children face difficulties due to a lack of access to legal counsel.
Legal Protection
- Eligibility Criteria: To qualify for SIJS, a child must have been abused, neglected, or abandoned by a parent while in the United States and have a court order establishing this.
- Legal Representation: Due to the complex nature of the application process, it's highly recommended to consult an immigration attorney to guide you through the SIJS process.
If you need guidance preparing your Special Immigrant Juvenile Status (SIJS) petition, gathering evidence, or navigating the process, feel free to ask!
Begin The Process to Free You from Neglect and Abuse
Our SIJS Visa Experts Are Ready to Assist You
A SIJS Visa is a way to slow down or stop deportation, and live and work legally in the U.S. If you receive a SIJS Visa, after a few years you can apply for a green card (permanent residency). A victim’s parents, siblings, and children can also qualify for other humanitarian visas too. Let the SIJS Visa process experts here at New Path Group Services assists you from the oppression you are escaping from.