Juvenile Immigration Law / Special Immigrant Juvenile Status (SIJS)

In our world, some children face harsh realities like abandonment, parental abuse, and neglect. These young individuals often find themselves in need of protection and a safe environment. Special Immigrant Juvenile Status (SIJS) is designed to help such children by providing a path to lawful permanent residency in the United States. At Henry & Grogan, we are here to offer compassionate legal assistance, making sure that these children have the opportunity to secure their futures. Our law firm specializes in juvenile immigration law in Philadelphia, guiding noncitizen children through the complex process of obtaining SIJS and other necessary legal statuses.

What You Need to Know About Juvenile Immigration Law

Juvenile immigration law is a specialized area focused on protecting the rights of noncitizen children who face challenges such as abuse, neglect, or abandonment. These laws are set to provide these vulnerable individuals with the opportunity to live in a safe environment, often leading to lawful permanent residency. The process involves working closely with family court and juvenile court to establish the child’s eligibility for SIJS.

SIJS is specifically available to children who cannot reunite with one or both parents due to the aforementioned issues. The child must be declared dependent on a state court or placed under the custody of a state agency, foster care, or an individual. The courts must have jurisdiction over the child’s case, and the child must be under 21 years old and unmarried. Understanding these requirements and navigating the legal intricacies of juvenile immigration law is vital for securing the best possible outcome for these young individuals.

What Are the Qualifications for Special Immigrant Juvenile Status?

To qualify for Special Immigrant Juvenile Status (SIJS), several specific criteria need to be met. First, the child must be under 21 years old and unmarried. They must also be declared dependent on a juvenile court or placed under the custody of a state agency, foster care, or an individual. Additionally, the court must determine that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar reason under state law.

It is also required that returning to the child’s country of last habitual residence is not in their best interest. This decision involves a thorough assessment of the child’s safety and well-being, taking into account the conditions in their home country and any risks they might face upon return. Meeting these qualifications can be complex, requiring detailed documentation and cooperation with various legal entities, including family members and state courts.

What Is the Difference Between Asylum and SIJ Status?

Asylum and Special Immigrant Juvenile Status (SIJS) serve different purposes, though both aim to protect vulnerable individuals. Asylum is granted to those who flee their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. It offers protection from deportation and the opportunity to apply for lawful permanent residency after one year.

SIJS, on the other hand, is specifically designed for children who have been abused, neglected, or abandoned by one or both parents. It provides a pathway to lawful permanent residency without the need to prove persecution. Unlike asylum, SIJS requires the involvement of a juvenile court to declare the child dependent and determine that returning to their country of last habitual residence is not in their best interest.

How to Apply for Special Immigrant Juvenile Status (SIJS)

Applying for Special Immigrant Juvenile Status (SIJS) involves several steps. First, the child must be declared dependent on a juvenile court or placed under the custody of a state agency, foster care, or a suitable guardian. This requires filing a petition with the appropriate state court and providing evidence of abuse, neglect, or abandonment by one or both parents.

Once the court issues the necessary orders, the next step is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. Along with this form, supporting documents such as the juvenile court order and evidence of the child’s age and marital status must be included. After the SIJS petition is approved, the child can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Throughout this process, it is very important that you work with experienced 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. As discussed, 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 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.

Henry & Grogan Fights for Our Clients in Juvenile Immigration Court

At Henry & Grogan, we are dedicated to fighting for the rights and futures of our clients in juvenile immigration court. Our compassionate approach ensures that every child receives the professional legal aid and resources they need to secure their SIJS status and lawful permanent residency.

In addition to assisting with SIJS applications, our law offices offer comprehensive immigration aid, including deportation defense and immigration bond hearings. Contact Henry & Grogan today to learn how our experienced attorneys can help.