HOW THE THE UNITED STATES SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) WORKS

Introduction

U.S. Special Immigrant Juvenile Status works is applicable to individuals who move to the United States and, while not being citizens, are classified as immigrants seeking legal protection and residency. They can come to the US with or without a visa. The US government decides if someone is an immigrant or not. If someone is an immigrant but doesn’t have the right papers or has stayed past their visa’s expiration, they are called an immigrant without papers. This means they can’t work or live in the US, and they are always at risk of being sent back to their home country.

But, some immigrant without papers can actually get legal status. For example, they might get asylum or permanent residency through their family or employer.

There are also special paths for immigrants who are minors. These paths have their own rules and conditions that need to be met. Kids without legal immigration status can’t work and are always in danger of being sent back home.

That is why the US Congress made a special immigration category called Special Immigrant Juvenile Status (SIJS). It is a legal program for kids who meet certain criteria but have to go through state juvenile courts.

If you are a kid who is not a citizen and has been mistreated, abused, or abandoned by a parent, you can apply for a green card and become a legal resident of the US through the SIJS.

If you are an immigrant kid living in the US, you can apply for SIJS. This process starts when you are a minor, so it is important to do it on time. An immigration lawyer can help you with this.

Since it is a complicated process, it is really important to get an immigration lawyer to help you. Here is some information to help you understand the Special Immigrant Juvenile Status (SIJS).

The meaning of US Special Immigrant Juvenile Status Works

SIJS is a legal setup for kids in the US without papers who can’t reunite with their parents because of abuse, being left behind, or not being looked after properly. It is for kids who are not US citizens and either depend on someone else or are in foster care.

If you are a kid without papers and your parents have hurt you, left you behind, or ignored you, you might be able to apply for a green card through SIJS.

There are two kinds of abuse – physical and emotional. Physical abuse means your parents hit or kicked you. Emotional abuse is when you are called mean names or made to feel scared or not worth anything.

If your parent just leaves you, it can be in many ways – not giving you food or water for days, or not talking about wanting you back, not wanting to see you ever again. Or they might leave you feeling alone without telling you.

Neglect is when your parent just doesn’t bother to take care of you, like not feeding you, giving you clothes, having no place to live, or not taking you to the doctor.

To learn more about SIJS and how it can help you, chat with an immigration lawyer.

How does US Special Immigrant Juvenile Status Works differ from asylum?

To understand what choices you have, it is really important to know how SIJS connects to asylum and how it is different from it. Getting ready for both means discussing and writing about tough experiences the child went through, but there are some big differences too.

For asylum, you win if the government in your home country messed up or didn’t have control over what happened. With SIJS, it is the child’s own parents who messed up, so the child has to be ready to stand up to them, both in court and face-to-face.

Some kids, even if their parents treated them badly, might not want to stand up to them immediately. If the parents live, the court will usually give them papers to let them know.

An immigration lawyer can explain all this and more to you, so you know what you need to do.

The good and bad sides of US Special Immigrant Juvenile Status Works

SIJS has a few perks. First off, you don’t have to be in the US legally to get it. Second, you don’t have to pay for the kid’s support. These two things make the kid not eligible for most green cards. Actually, many other reasons you can’t get a green card don’t apply here.

Third, you don’t have to pay the green card application fees. Fourth, you need to stay in your home country to sort out your immigration status. This means if you sneak into the US without supervision, you don’t have to worry about getting your immigration status sorted.

Sadly, SIJS means you can’t apply for green cards for either parent. Even if one of your parents is violent or neglectful, you won’t get a green card for the other. It is kind of like being an “orphan” when it comes to immigration.

Here are a couple of things to keep in mind when you are applying for SIJS. First, your application is public. If you are turned down, USCIS will let the government know the kid is here illegally. Second, USCIS will use the info in your application for deportation cases. This doesn’t happen often, but it could if the kid has a bad criminal record or anything that is seen as a “security risk.”

Immigration law isn’t always clear on what counts as a “red flag,” so it is super important to get an immigration lawyer to check your petition to see if you are eligible and what kind of risks you might face during the process. If you miss out on anything, it could lead to being deported.

Those who can apply for US Special Immigrant Juvenile Status Works

To qualify for SIJS if you are a kid, you need to meet certain requirements. You have to be younger than 21, not married, and have been considered a dependent by the juvenile court.

The Family Court needs to handle your case, and you have to prove that you can’t go back to either of your parents because of abuse, neglect, being left behind, or any other similar issues.

Also, you need to show that going back to your home country or the place you used to live isn’t the best choice for you.

How to apply for US Special Immigrant Juvenile Status Works

Getting through the SIJS process has three steps, and a seasoned immigration lawyer can guide you through each step.

• The court part.

You can only get SIJS if you are a child and one or both parents are found to be harming, neglecting, or not caring for you. Also, the court has to decide that going back home is not what is best for you. The court rules and how things are done can be different from state to state.

If you are a child who needs SIJS, you are usually going to go through the court in one of three ways. First, you can tell the cops or child welfare about the abuse or neglect, and then your case goes to juvenile court to figure out if you should go into state care or stay in a private home. If you are an immigrant, this is a good time to think about getting SIJS as part of your case. An immigration lawyer can help with this.

Another way is if a non-abusive parent (or another family member) wants to be your legal guardian, especially if the other parent is accused of hurting, neglecting, or leaving you behind.

Also, a friend or family member might ask a judge to make them the legal guardian of the child. This usually happens when the parents leave you with someone but don’t bother taking care of you anymore. But, it is important to know that no one needs to report the abuse or neglect before the court or child welfare.

No matter how you go about it, your lawyer has to show the court that you are being hurt, neglected, or left behind and that going back to your home country isn’t safe for you. You and your family will probably have to answer questions and provide proof of what is going on.

Try to gather as much proof as possible to show the abuse or abandonment, like medical records, police and teacher reports, or notes from social workers. You might also need letters from people in your home country.

The whole process can take a couple of weeks, and in most states, both you and your parents have to be told about the court case in advance. Some states might have different rules for telling parents who live outside the US about the court case.

• Starting the petition process.

A kid can start the SIJS petition process with USCIS after a judge decides it is not best for them to return to their parent’s country. This is done with form I-360. You need a birth certificate and a copy of the court’s decision.

The kid has to fill out all the important details of the petition. This form is used for many different immigration steps. Kids over 14 need to sign the petition, but younger ones can have a guardian sign for them.

You can start the petition even if you are not married and as long as the court’s order is still in place. New rules in 2022 mean you can keep going with the petition until you are 21 if the court’s order ends because you turned 18. USCIS will look over your form I-360 and any other proof to see if you qualify for SIJS.

• Getting your green card.

If USCIS gives the go ahead to your I-360 petition, you can then file for your green card using form I-485. You can file form I-485 at the same time as your I-360 petition, but it won’t be decided until you get SIJS.

It usually takes 8-12 months from when you file form I-485 until USCIS makes a decision. If USCIS needs more info, they will reach out to you. If your I-485 application is approved, you will get a green card.

Getting a green card with SIJS has a lot of benefits, like it gets rid of many issues that would normally prevent someone from getting one, like entering the country illegally, working without permission, and even public charges.

The process is pretty long, so it is really important to get an immigration lawyer to help you out.

Get help! – US Special Immigrant Juvenile Status Works

If you are looking after an undocumented immigrant kid, it is super important to chat with an immigration lawyer who can show you the right steps to take. You have to remember a few things about your situation. What works for you now might not be the best move later on.

At Gehi and Associates, we have a bunch of experienced immigration lawyers who can figure out if SIJS is a good fit for you. Our immigration lawyer knows all the ins and outs of the SIJS application process and can help you breeze through every step without any problems. Got any questions about SIJS? Get in touch with us right now.