Special Immigrant Juvenile Status
We understand the needs of foreign juveniles who come to the United States and want to gain immigration status here. Certain aliens under 21 declared court dependents may be eligible for Special Immigrant Juvenile status (SIJS). Being declared a Special Immigrant Juvenile allows the alien to petition for permanent resident status as a special immigrant in the EB4 category.
To be accorded Special Immigrant Juvenile status, a juvenile court located in the United States must declare the alien a dependent of the court or legally place the child under the custody of a state agency, department, or individual appointed by the state or a juvenile court in the United States. The court must also find that the child cannot be reunited with one or both parents due to abuse, neglect, abandonment, or a similar basis found in state law. Furthermore, it must be determined in either administrative or judicial proceedings that it is not in the alien’s best interest to be returned to his or her previous country of nationality or last habitual residence.
We at The Law Office of Robert J. Maher, PC, are here to protect your immigration rights, and we want to help.
Special Immigrant Juvenile Status (SIJS) FAQs
What is Special Immigrant Juvenile Status (SIJS) and who is it intended for?
Special Immigrant Juvenile Status (SIJS) is an immigration pathway designed for foreign juveniles under 21 years old who are present in the United States. It is specifically for those who, due to abuse, neglect, or abandonment by one or both parents, are declared dependents of a U.S. court or placed under the custody of a state agency, department, or an individual appointed by the state or a juvenile court. SIJS allows these vulnerable individuals to petition for permanent resident status (Green Card) under the EB-4 category.
What is the role of a U.S. juvenile court in the SIJS process?
A crucial step for obtaining SIJS is a declaration from a U.S. juvenile court. This court must declare the alien a dependent of the court or legally place the child under the custody of a state agency, department, or an individual appointed by the state or a juvenile court. Furthermore, the court must make a finding that the child cannot be reunited with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law.
What does the “best interest” determination mean in an SIJS case?
A fundamental requirement for SIJS is a determination, made in either administrative or judicial proceedings, that it is not in the alien’s best interest to be returned to his or her previous country of nationality or last habitual residence. This finding ensures that the child’s safety and well-being are prioritized, recognizing the hardship and potential danger of returning them to their home country.
Can SIJS lead to permanent resident status, and if so, under which immigration category?
Yes, being declared a Special Immigrant Juvenile allows the individual to petition for lawful permanent resident status in the United States. This pathway falls under the EB-4 category, which is for certain “special immigrants.” This ultimately provides a path to a Green Card for qualifying juveniles.
What types of parental harm are considered when a court determines if a child can be reunited with their parents for SIJS purposes?
For a juvenile court to make the necessary findings for SIJS eligibility, it must determine that the child cannot be reunited with one or both parents due to specific forms of parental harm. The relevant legal grounds include abuse, neglect, or abandonment, or any similar basis as defined by applicable state law. This determination is a critical component of establishing eligibility for Special Immigrant Juvenile Status.
Give me your tired, your poor
Your huddled masses yearning to breathe free
The wretched refuse of your teeming shore
Send these, the homeless, tempest-tost to me
I lift my lamp beside the golden door!
Poet Emma Lazarus, “The New Colossus,”
1883, inscribed beneath the Statue of Liberty in 1903
Initial Consultation
We can answer many of your immigration questions in an initial consultation either by phone or in person.
We will help you assess your situation, identify the immigration issues, and provide information you need to make an informed decision.
