Special
Immigrant Juvenile Status

Special Immigrant Juvenile status (SIJS) is a special classification used to petition U.S. Citizenship and Immigration Services (USCIS) for an immigrant visa.

Under U.S. immigration law, SIJS can be granted to a young foreign national that has been abused, neglected, or abandoned by their parent and wants the protection of the juvenile court system.

If the young person is given immigration relief through SIJS, they are eligible to become a lawful permanent resident (get a green card).

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Special Immigrant Juvenile Status (SIJS) Requirements

SIJS requirements are very specific and must be met for the young foreign national to qualify for this classification and benefits. The young person must be:

  • Under 21 years old when they file their SIJS petition
  • Already living in the U.S.
  • Unmarried when they file their SIJS petition
  • Stay unmarried until after their SIJS petition is approved
  • Dependent on the court, in the custody of a state agency, or in the custody of someone appointed by the court
  • Unable to be reunited with one or both of their parents due to neglect, abuse, abandonment, or another form of endangerment
  • Unable to return to their former country because it would not be in their best interest to return
  • Want this form of immigration relief and request it

Benefits of Special Immigrant Juvenile Status

If a young person is given SIJS, meaning they meet SIJS requirements and their petition is approved, they receive many benefits.

  • Those with Special Immigrant Juvenile Status can apply for adjustment of status, meaning they can apply to become a permanent resident in the U.S.
  • When they apply for a green card, many grounds of inadmissibility won’t apply, and others can be waived.
  • Foreign nationals with Special Immigrant Juvenile Status who are old enough to legally work can apply for an Employment Authorization Document through their SIJS meaning they can be given permission to hold a job in the United States.
  • After living as a lawful permanent resident for five years, those who became eligible for their green card through SIJS may be eligible to apply for citizenship through naturalization when they are 18 years old or older.

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Petition for a Visa Using Special Immigrant Juvenile Status

Eligible foreign nationals must complete complicated paperwork or have someone, preferably an experienced immigration attorney, file it and all the required supporting documentation with USCIS.

To apply for an immigrant visa following the SIJS requirements, the young person will file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Along with this petition, the following evidence may be needed:

  • Evidence of the age of the person applying through SPJS meaning a birth certificate, passport, or official document that can verify age

The young person with SIJS should not fear this process, even if they entered the country illegally. A skilled immigration attorney can file any necessary waivers of inadmissibility.

As someone with Special Immigrant Juvenile status, waivers aren’t needed for the following grounds of inadmissibility:

  • Labor certification
  • Public charge rules
  • Being unlawfully present
  • Being present without admission
  • Being present without parole
  • Misrepresentation

Being a stowawayAn experienced immigration attorney can file waivers of inadmissibility (for humanitarian purposes, family unity, or when it’s in the best interest of the public) for the following grounds:

  • Health-related
  • Crime-related
  • Security-related
  • Smuggling
  • Failure to attend deportation proceedings
  • Previous removal

An experienced immigration attorney will also instruct the young person to get a medical exam. The immigrant will need this to get the Form I-693, Report of Medical Examination and Vaccine Record that will be required by USCIS.

If granted SIJS, meaning the visa petition was approved, the immigrant will be given what’s called a priority date for the visa. The immigrant visas based on SIJS come from the EB-4 immigrant category. While the EB-4 category is technically an employment-based category, it’s also for special immigrants. A visa won’t be given to the young person until a visa has become available based on their priority date.

Applying for a Green Card with Special Immigrant Status

With an immigrant visa, the person is free to apply for a green card using the adjustment of status process by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the SIJ immigrant is old enough to get a job, their attorney can also file Form I-765, Application for Employment Authorization to get permission to legally work in the United States.

There will be times that applicants may not be eligible for adjustment of status due to immediate unavailability of an immigrant visa number through SIJS. This means that foreign nationals with Special Immigrant Juvenile Status will be granted permission to work while on a period of deferred action.

If needed, an immigration attorney can also fill out fee waivers so that the young person doesn’t have to pay USCIS for filing fees. As soon as Form I-485 is approved, a green card proving lawful permanent resident status will be mailed to the young immigrant.

Choosing an Immigration Attorney for Special Immigrant Juvenile Status

While this must all feel very complicated, an experienced immigration attorney like those at D’Alessio Law are well-versed in all types of immigrant visa petitions.

Whether you need help applying for Special Immigrant Juvenile status or if you already have SIJS and need help with another aspect of immigration law, contact us today.

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