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What Is Special Immigrant Juvenile Status (SIJ)?
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At Kriezelman Burton & Associates, LLC, we provide assured legal guidance to the most vulnerable members of our community. Among the various forms of immigration relief, Special Immigrant Juvenile Status (SIJ) stands out as a critical lifeline for certain immigrant children who have suffered abuse, neglect, or abandonment. This complex process involves both state and federal law, and our professional team is dedicated to offering the trusted support needed to navigate it successfully. Understanding SIJ is the first step toward securing safety and stability for an eligible child.
The Role of State Courts in the SIJ Process
Before any immigration petition can be filed, the journey toward SIJ begins in a state juvenile or family court. This is a unique aspect of the process. The state court’s role is not to grant immigration status but to make specific findings about the child’s circumstances.
A state court must issue an order declaring that:
- The child is dependent on the court or is in the custody of a state agency or an individual appointed by the court.
- Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.
- It is not in the child’s best interest to be returned to their or their parents’ country of nationality or last habitual residence.
Obtaining this court order is a critical prerequisite. Our attorneys can provide representation in these state court proceedings to secure the necessary findings.
The Path to Permanent Residency
Once the state court order is obtained, the next step is to petition U.S. Citizenship and Immigration Services (USCIS).
- File Form I-360: The child, or someone acting on their behalf, files Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This petition includes the state court order and other supporting evidence.
- File Form I-485: After the I-360 is approved, the child can apply for a Green Card (permanent residency) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. In many cases, these forms can be filed at the same time.
It is essential to collect comprehensive documentation, including birth certificates, court orders, and evidence supporting the claims of abuse, neglect, or abandonment.
Critical Time Limits for Filing
Timing is a crucial factor in SIJ cases. The petition for SIJ status must be filed with USCIS before the child’s 21st birthday. However, the state court proceedings must be initiated and completed according to the age limits set by that specific state, which can be as low as 18 years old. Therefore, it is vital to act quickly to ensure there is enough time to obtain the state court order before the child “ages out.”
Benefits and Restrictions of SIJ Status
Gaining SIJ status provides significant benefits but also comes with important limitations.
- Benefits: The primary benefit is that SIJ provides a direct path to a Green Card. It also waives certain grounds of inadmissibility, such as unlawful entry or working without authorization, that might otherwise prevent a child from obtaining permanent residency.
- Restrictions: A significant restriction is that an individual who obtains a Green Card through SIJ can never petition for a family-based visa for their biological or adoptive parents. This is a permanent bar designed to prevent the parent who caused the harm from benefiting from the child’s immigration status.
The dual state and federal requirements of an SIJ case demand legal skill. The attorneys at Kriezelman Burton & Associates, LLC are your trusted immigration allies, ready to provide the empathetic support and resolve needed to protect a child’s future.
If you know a child who may be eligible for Special Immigrant Juvenile Status, contact Kriezelman Burton & Associates, LLC.
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