representing immigrant children and the anatomy of a sijs case
Special Immigrant Juvenile Status (SIJS) is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for immigrants under twenty-one to apply for and obtain legal permanent residence in the United States. There are very specific requirements for a child to qualify for SIJS:
- The applicant must be under 21 years old;
- He/she must be unmarried;
- He/she must be declared dependent upon a juvenile court. This means that the Family Court must take jurisdiction over a petition addressing the needs of the minor and a guardian over the age of 21 to be awarded guardianship of the minor.
- Reunification with one or both of the child’s parents must no longer be a viable option due to abuse, neglect, abandonment or a similar basis under state law; AND
- It is not in the best interests of the minor to return to his/her country of nationality or last habitual residence.
There are many benefits to obtaining Special Immigrant Juvenile Status. SIJS waives several types of inadmissibility that would otherwise prevent an immigrant from becoming a lawful permanent resident (getting a green card). For example, SIJS waives unlawful entry, working without authorization, status as a public charge, and certain immigration violations. Once a minor receives SIJS, he/she will be able to adjust his/her status to that of a lawful permanent resident, obtain work authorization, and eventually apply for U.S. citizenship.
There are two main steps in obtaining Special Immigrant Juvenile Status.
First, a prospective guardian must file a petition for guardianship in the state's Family or Surrogate’s Court in the county where the guardian resides. As part of this proceeding, the minor also must obtain a “special findings order” that declares the minor’s eligibility for SIJS. Guardianship is the most common way for the Family Court to obtain jurisdiction over a minor.
Second, after receiving this order from the Family or Surrogate’s Court, the minor may then petitition to the United States Citizenship and Immigration Service (USCIS) for a green card.
We represent clients in: removal defense | immigration court hearings | bond requests | parole requests | asylum | cancellation of removal | appeals | waivers | family based immigration | immigrant visas | adjustment of status/green cards | non-immigrant visas | fiancé(e) K-1 and K-3 Visas | Business Visas | Naturalization & Citizenship | work permits | green cards through guardianship
Immigration Attorney in New York City, Queens, Brooklyn, the Bronx, Westchester County and the Surrounding New York Metropolitan Area.