Do you want to help unaccompanied immigrant child who fleed his home due to abandonment, neglect or abuse to obtain permanent residency?

Are you a guardian of  neglected, abandoned or abused child and want to apply for their lawful permanent residency and eventually U.S. citizenship?

Special Immigrant Juvenile Status (SIJS) is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for immigrants under twenty-one to apply for and obtain legal permanent residence in the United States.

There are very specific requirements for a child to qualify for SIJS, and the criteria are:

1.       The applicant must be under 21 years old;

2.       He/she must be unmarried;

3.       He/she must be declared dependent in a juvenile court. This means that the Family Court must take jurisdiction over a petition addressing the needs of the applicant;

4.       Reunification with one or both of the child’s parents must no longer be a viable option due to abuse, neglect, abandonment or a similar basis under state law; AND

5.       It is not in the best interests of the minor to return to his/her country of nationality or last habitual residence.

There are two main stages in obtaining Special Immigrant Juvenile Status. First, the minor must engage in a proceeding in the Family or Surrogate’s Court in the county where he/she resides, (i.e., custody, adoption, or guardianship). As part of this proceeding, the minor must obtain a “special findings order” that declares the minor’s eligibility for SIJS. Although guardianship is the most common way for the Family Court to obtain jurisdiction over a minor, it is also possible to bring a motion requesting the order though a custody, neglect, adoption, permanency hearing for children in foster care, or PINS (Person in Need of Supervision) proceeding. However it is done, receipt of this order is a pre-requisite to applying for SIJS status.

SIJS waives several types of inadmissibility that would otherwise prevent an immigrant from becoming a lawful permanent resident. SIJS waives unlawful entry, working without authorization, status as a public charge, and certain immigration violations.

If you know of a child who may qualify for SIJS, contact our office today to evaluate a case of SIJS and experienced attorneys can assist you in evaluating a case for SIJS and help you get on the right track to obtaining this important form of relief for children.