The United States offers an opportunity for the youth to seek safety from difficult situations in their home country, including abuse, abandonment, or neglect by a parent. This is called Special Immigrant Juvenile Status (SIJS). Special Immigrant Juvenile Status is a way for the youth (up to 21 years old) to get a legal status in the United States. People who were victims of abuse, abandonment, or parent neglection might be eligible for the status. This is a crucial way of obtaining protection as young immigrants.
Special Immigrant Juvenile Status criteria:
- The applicant must be under 21 years of age.
- He/she must be unmarried.
- He/she must be declared dependent in a juvenile court. This means that a juvenile court or family court takes jurisdiction over a petition addressing the need of the applicant.
- Reunification with one or both children’s parents is no longer a viable option due to abuse, neglect, abandonment, or similar basis under a state law; and
- It is not in the best interests of the minor to return to his/her country of nationality or last habitual residence.
Three stages to obtain permanent residence or a green card through Special Immigrant Juvenile Status:
First, the abused, abandoned, or neglected youth files a petition requesting a guardianship in the juvenile or family court in the county where he/she resides. As part of this process, the youth requests a “special findings order” which from the judge to qualify for Special Immigrant Juvenile Status.
The second stage, once the youth has received the appropriate juvenile or family court orders, the youth files a self-petition for Special Immigrant Juvenile Status with United States Citizenship and Immigration Service (USCIS). The youth will receive deferred action, which allows the young person to remain in the United States lawfully, and allows the youth to apply for a work permit (employment authorization document).
Finally, the youth can apply for permanent residence (a green card) once their priority date is current. This stage can take a few years, depending on the availability of visas. Special Immigrant Juvenile Status self-petitioners do not have to leave the United States to apply for their green card.
Benefits of Special Immigrant Juvenile Status:
Receiving Special Immigrant Juvenile Status may qualify a youth for health benefits. Some states offer other benefits.
Special Immigrant Juvenile Status also removes some bars that prevents immigrants from becoming a lawful permanent resident, for example for entering illegally or without inspection. SIIJS creates a way for abandoned, abused, or neglected youth to gain permanent status in the U.S, and even become citizens in the future.
Once an Special Immigrant Juvenile Status applicant receives approval, he or she is eligible for a work permit / employment authorization. In addition to being able to work lawfully, the employment authorization document is a valid federal ID for the youth that meets the REALID Act requirements.
Special Immigrant Juvenile Status Disadvantages:
Youth who received a permanent residence card through Special Immigrant Juvenile Status cannot get a green card for their parents, even if they only suffered abuse, abandonment, or neglect by one parent. In addition, the Special Immigrant Juvenile Status can take years before the youth is eligible for permanent residence or a green card.
Special Immigrant Juvenile Status (SIJS) offers a crucial lifeline to young immigrants in the United States who have faced abuse, abandonment, or neglect. While the process involves navigating the complexities of the juvenile and immigration court systems, the potential rewards are significant. SIJS provides a pathway to safety, stability, and a brighter future for vulnerable youth, allowing them to pursue education, employment, and ultimately, a chance at citizenship. Although the journey may be long and challenging, SIJS represents a beacon of hope and a testament to the commitment to protecting those who need it most. If you or someone you know may be eligible, seeking legal counsel from experienced legal professionals like the Law Office of Shara Svendsen, is highly recommended to navigate this process successfully and unlock the opportunities that SIJS can provide.
If you need help navigating the immigration system, obtaining Special Immigrant Juvenile Status (SIJS), or support with immigrating your family to the United States, please contact the Law Office of Shara Svendsen today by calling 425-361-1511 or by filling out our contact form.