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