SIJS
What is Special Immigration Juvenile Status (SIJS)?
Special Immigrant Juvenile Status (SIJS) is an immigration status available to children under 21 who have been abused, neglected, or abandoned by at least one parent. With this, they may be able to obtain lawful permanent residence.
Am I eligible for SIJS?
To be eligible for SIJS, the child must meet specific requirements:
- Age Requirement:
- The child must be under 21 years old at the time of filing the SIJS petition.
- Dependency on a Juvenile Court:
- The child must have been declared dependent on a juvenile court or legally placed under the custody of a state agency or individual appointed by a state or juvenile court. Note that the age requirement of the child varies from state to state.
- Best Interest Finding:
- The juvenile court must determine that it is not in the child’s best interest to be returned to their home country or the previous country of habitual residence due to abuse, neglect, abandonment, or a similar basis under state law.
- Nonviability of Reunification with One or Both Parents:
- The court must find that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.
- Special Findings in a Court Order:
- The juvenile court order must contain specific findings required by federal law, including findings related to the child’s dependency, best interest, and nonviability of reunification.
- Eligibility at the Time of Adjustment:
- The child must still be unmarried and under 21 years old at the time of filing the application for adjustment of status (Form I-485).
- Filing the Form I-360 Petition:
- The child must have a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, filed on their behalf by a qualifying individual or entity. Generally, this is done by a state court or a recognized child welfare agency.
- Applying for Adjustment of Status (Green Card):
- After USCIS approves the Form I-360 petition, the child can file an application for adjustment of status (Form I-485) to become a lawful permanent resident.
It’s important to note that the SIJS process involves coordination between the juvenile court system and U.S. Citizenship and Immigration Services (USCIS). Additionally, the child must meet the eligibility criteria at each stage of the process.
Given the complexity of immigration laws and procedures, individuals seeking SIJS are strongly advised to consult with an experienced immigration attorney or a legal representative familiar with SIJS to ensure that all requirements are met, and the process is properly navigated.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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