Juvenile Immigration Law

Juvenile Immigration Lawyer in Philadelphia, PA

When you are young, the weight of an uncertain immigration status can feel heavy, but you deserve a chance to build a life here with confidence and hope. The path towards citizenship exists, and it begins with choosing a trusted lawyer who will be your devoted advocate every step of the way.

At Henry & Grogan, we believe in guiding minors and their families through these difficult times with care, honesty, and clear advice. Our Philadelphia law firm fights relentlessly to secure the immigration relief that can keep you in America legally. Time matters in these situations, so reach out to us today to explore your options. 

Beyond juvenile cases, we also offer legal services regarding family immigration, immigration appeals, green cards, employment-based immigration, and more. 

What You Need to Know About Juvenile Immigration Cases

Juvenile immigration cases involve minors who need legal protection within the United States immigration system. Unlike adult immigration matters, these cases recognize that children often cannot advocate for themselves, particularly when they have experienced abuse, neglect, or abandonment. Because of this vulnerability and dependence on adults, the law provides special consideration and multiple forms of relief for young people, including special immigrant juvenile status, asylum, and other protective measures.

The complexity increases as these cases require coordination between immigration courts, juvenile court systems, and various government agencies. Additionally, guardianship issues, state court orders, and federal immigration requirements can further complicate matters. Because of this, it’s best to hire an immigration attorney to protect the minor’s interests and well-being in every step of the process.

Frequent Reasons Children Need a Juvenile Immigration Lawyer

Young people seek legal help for various immigration challenges that threaten their ability to remain safely in America. Here are the most common situations where families turn to our law firm:

  • Children Seeking Asylum: Minors who have fled their home countries due to persecution, violence, or threats need skilled representation to present their case effectively and secure protection in the United States.
  • Those Facing Deportation: When removal proceedings begin against a minor, immediate legal intervention becomes crucial to explore all available defenses and forms of relief.
  • Children in Custody Disputes: When a young immigrant is involved in a family court matter, their immigration status can become a central issue. These cases often involve a parent and require careful handling to protect the child.

What Is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status, often called SIJS, is a legal pathway for minors who have experienced neglect, abuse, or abandonment by one or both parents. Through SIJS, a child may qualify for permanent residency and eventually a green card. This process involves state juvenile court findings as well as approval from the United States Citizenship and Immigration Services.

For many minors, SIJS is the first step toward stability, work permits, and later naturalization.

What Are the Qualifications for Special Immigrant Juvenile Status?

To be considered for SIJS, a young person must meet several criteria determined by both state and federal authorities. Our law firm can help you gather the necessary evidence and present your case effectively. The core qualifications are:

  • Age: You must be under 21 years old at the time you file your petition.
  • Marital Status: You must be unmarried.
  • Juvenile Court Order: You must have a valid order from a state juvenile court that makes specific findings. These findings must declare your dependency on the court, state that you cannot be reunified with one or both parents due to abuse, neglect, or a similar reason, and affirm that it is not in your best interest to return to your country of origin.

What Is the Difference Between Asylum and SIJ Status?

While both asylum and Special Immigrant Juvenile Status offer protection, they are fundamentally different. Asylum is granted based on a well-founded fear of persecution in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group.

SIJ Status, conversely, is based on your need for protection from parental harm. It requires a state juvenile court to determine that you have suffered from abuse, neglect, or abandonment. The focus is on your family situation, not on broader conditions in your home country.

How to Apply for Special Immigrant Juvenile Status (SIJS)

The application process for SIJS involves several distinct stages. It is a journey that requires careful preparation and submission of documents to different government bodies. The key steps include:

  • Obtain the State Court Order: The first and most critical step is to get a special order from a state juvenile court. This legal document must contain the specific findings required by immigration law to establish your eligibility.
  • File Form I-360: After you have the court order, you or your lawyer will file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the United States Citizenship and Immigration Services (USCIS). You must include supporting evidence, like your birth certificate and other identity document copies.
  • Apply for a Green Card: Once the I-360 petition is approved, you can apply for lawful permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjustment of Status. In some cases, this can be filed at the same time as the I-360.

Throughout this process, it is very important that you work with legal professionals who specialize in juvenile immigration law in Philadelphia to deal with the complex legal requirements and ensure a successful application.

How Long Does It Take to Get a Green Card for Special Immigrant Juvenile Status?

The timeline for obtaining a green card through Special Immigrant Juvenile Status (SIJS) can vary significantly. First, the child must go through the juvenile court process to be declared dependent or placed under the custody of a state agency or foster care. This step alone can take several months, depending on the court’s schedule and the complexity of the case.

Once the court has issued the necessary orders, the child can apply for SIJS with the U.S. Citizenship and Immigration Services (USCIS). Processing times for SIJS petitions can range from several months to over a year, depending on the caseload and specific circumstances of each case. 

After receiving SIJS approval, the child can then apply for a green card. The entire process, from start to finish, can take anywhere from one to three years or more. Patience and persistence are important, as the result will be a secure future and lawful permanent residency.

Why Hire a Special Immigrant Juvenile Lawyer?

Working with a lawyer who is deeply familiar with the SIJS process offers you a powerful advantage. This area of law is intricate, blending family court procedures with federal immigration rules. Henry & Grogan acts as your advocate, managing all communication with the juvenile court and USCIS, properly preparing your petition, and building a strong case on your behalf. This guidance provides clarity and direction, freeing you to focus on your education and future.

Let Henry & Grogan in Philadelphia Handle Your Juvenile Immigration Case!

You have a right to a bright and secure future. At Henry & Grogan, we are dedicated to helping young people establish their lives in the United States. Our law firm provides the legal support you need to pursue Special Immigrant Juvenile Status, a green card, and, eventually, naturalization. We are here to champion your cause and help you achieve the stability you deserve. Reach out to us today.