Understanding Special Immigration Juvenile Status

Who is Eligible and How to Obtain This Status?

What is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status, also known as “SIJS,” is an immigration classification available for certain immigrants who are undocumented in the U.S., are under the age of 21, and have been abused, neglected, or abandoned by one or both of their parents. SIJS provides a way for immigrants under 21 years old to obtain legal status in the U.S., and is a common form for relief for children who come to the U.S. unaccompanied.

Who is Eligible?

In order to qualify for SIJS, an applicant must meet the following requirements:

1. The applicant must be under 21 years of age at the time they file the SIJS petition;
2. The applicant must be living in the U.S.;
3. The applicant must be unmarried, both at the time the SIJS petition is filed and when USCIS makes its decision on the petition;
4. The applicant must be declared a dependent in juvenile court and receive an order from this court stating that:
   1. The applicant cannot be reunified with one or both of their parents due to abuse, abandonment, neglect, or a similar basis under state law; and
   2. It is not in the best interest of the applicant to return to their country of origin or last habitual residence.

How Do You Obtain Special Immigrant Juvenile Status?

The first step to obtain SIJS requires the applicant to attend a proceeding in the Family or Juvenile and Domestic Relations Court located in the county in which they reside. During this proceeding, the applicant must receive an order regarding the child’s custody or dependency determination, declaring their eligibility for SIJS. The court must find that the applicant cannot live with one or both of their parents because one or both of them harmed them, did not care for them, or left them without anyone to care for them. In addition, the court must also find that it is not in the applicant’s best interest to return to their home country, the last place they lived, or where their parents lived. This order is required to then apply for SIJS.

It is crucial to consult an experienced immigration attorney like those at Murray Osorio during this process because the requirements to qualify for SIJS are very specific and can vary based on where the applicant lives. For example, in some counties, the juvenile court order must be issued before the applicant turns 18 rather than 21.

Once the applicant receives this order from the court, they can then apply to the United States Citizenship and Immigration Service (USCIS) for SIJS. The applicant is considered to have special immigrant juvenile status if USCIS approves this application.

Lastly, an individual who has received special immigrant juvenile status then waits for their visa priority date, which is determined by USCIS. After this date, they can apply to adjust their status to that of a legal permanent resident (green card holder).

How to Decide Whether SIJS is a Pathway You or Your Loved One Should Pursue:

Contact Murray Osorio PLLC for SIJS assistance! SIJS cases are very time-sensitive because the custody petition must be filed before the applicant reaches a particular age. Therefore, it is important to have an attorney, like those at Murray Osorio PLLC, who is experienced in both immigration and the law of the state and county in which the applicant resides, to ensure the SIJS petition is filed correctly and on-time. Our team can help evaluate whether you or your family member would be eligible for SIJS and will support you in each of the steps needed to obtain this status. If you or a loved one needs assistance with SIJS, understanding whether SIJS would be a helpful pathway for you, or exploring other immigration options, contact us today.