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Special Visa for Juvenile Immigrants Attorney Helping Abused and Neglected Children Start a New Life
Unfortunately, children are abused, abandoned, and neglected every day in the United States. When those children lack legal status, it can amplify the complexity of the situation. If a juvenile wishes to remain in the United States but doesn’t yet have legal status separate from their parents, being classified as a special immigrant juvenile (SIJ) may be an option.
Unravel the intricacies of juvenile immigration and find clarity in your next steps with the dedicated support of Delgado Avalos Law Firm. Reach out to our office to engage in conversation, receive guidance, and connect with proficient immigration attorneys.
What Is Special Immigrant Juvenile Classification?
Special Immigrant Juvenile classification allows immigrant children who have been abused, neglected, or abandoned by one of or both parents to seek protection from the juvenile court system. By attaining SIJ classification, these children can then pursue legal status in the United States, an avenue for acquiring a work permit, and even the prospect of acquiring a Green Card or U.S. citizenship independently.
Those with SIJ status can also qualify for lower college tuition because they aren’t considered foreign students, which can make it much more affordable to obtain their degrees and continue with their professional and life goals. SIJ status also makes it possible to travel internationally, which can help establish and maintain relationships with other family members who may not be in the United States.
Who Is Eligible?
There are specific eligibility requirements to be able to apply for Special Immigrant Juvenile classification. To qualify, applicants must:
- Be under age 21. In the United States, a juvenile is usually a child under the age of 18; however, SIJ status can be extended to those who are under age 21 at the time they file the petition.
- Be unmarried. The applicant must not be married, and any prior marriage should have legally concluded through dissolution or death of the spouse.
- Physically reside in the United States. To be eligible for SIJ classification, the juvenile must be living in the United States when they file and when the decision is made.
- Have a court order from a juvenile court. This court order should indicate you are dependent on the court, or in the custody of a state agency or department or an individual or entity appointed by the court; and you cannot be reunified with one or both of your parents because of ANY of abuse, neglect, or abandonment:
For individuals over 18, satisfying the juvenile court order requisites can pose challenges in certain states. If obtaining the necessary court order appears difficult or challenging, consult our law firm to confer with an experienced immigration attorney.
How Do You Apply for Special Immigrant Juvenile Classification?
Initiating the process of Special Immigrant Juvenile classification involves submitting Form I-360, the Petition for Amerasian, Widow(er), or Special Immigrant, to the U.S. Citizenship and Immigration Services office. The application packet should include age verification documents like a birth certificate, a certified court order, and consent from the U.S. Department of Health and Human Services if needed.
Post-submission, allow several months for review, during which the office might solicit supplementary documentation or seek clarifications. Upon the conclusion of the review, an official decision notification will be sent.
Does SIJ Classification Make Me Eligible for a Green Card?
SIJ classification opens the gateway to a Green Card application, contingent upon the fulfillment of other eligibility criteria. Worth noting is the specificity of requirements depending on the category under which the application is filed. Consulting an attorney streamlines the comprehension of viable options. A Green Card paves the way for U.S. citizenship application, attainable upon residing in the United States for a minimum of 5 years (or 3 years if married to a U.S. citizen) and meeting other eligibility benchmarks.
How Long Do I Have to File?
Due to the strict age requirements for SIJ classification, it’s important to partner with an attorney who can work quickly on your case and help you get the documents you need. You must apply for SIJ status no later than the day before you turn 21. However, you may need to start the process earlier if your state court system only has jurisdiction up to age 18. Another factor to consider is that the court order cannot be a temporary removal of custody, so you will need to balance waiting long enough to get a permanent order and filing early enough to meet the age requirements.
If you still aren’t sure if you could use SIJ classification for your benefit or are ready to start the process, call Delgado Avalos Law Firm at 805-793-0647. We have experience with this type of immigration and have helped clients gain legal status and establish independent lives. Our office is located in Ventura, California, but we help clients all across the United States. Call today for the assistance of our skilled and knowledgeable immigration attorneys.
