Special Immigrant Juvenile Status is a classification for those who have been declared dependent on a juvenile court or put under the custody of a court-assigned guardian, whether that guardian be an agency, department, or individual. The reunification of these juveniles with one or both of their parents is judged to be unviable for reasons such as abuse, neglect, abandonment, or similar transgressions under State law, or otherwise for circumstances not in the juvenile’s best interests.
There are other criteria an individual must meet in order to be granted SIJS, which can prove difficult to understand and obtain on your own. At Vianey K. Hurtado Law, we know the legal process can be daunting, especially for young people in vulnerable situations seeking SIJS. We bring our expertise, compassion, and dedication to every case we handle, including yours.
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Initial Criteria
When seeking SIJS, it’s important to make sure that the following basic criteria are met in order to qualify. You must be:
As is suggested above, it is possible to “age out” out of qualifying for this type of Special Immigrant Status. Some state juvenile courts, such as Arizona, may not issue a court order to individuals over the age of 18 years of age, so it’s important to review eligibility requirements.
Necessary Court Orders
U.S. Citizenship and Immigration Services may take up to six months to process your request and forms for SIJS. With the help of an experienced lawyer, you can send off these forms with confidence and begin your process of obtaining legal residence.
The court orders necessary to petition for SIJS must affirm that:
In addition to this, you must have sought out a juvenile court order to receive relief from abuse, neglect, abandonment, or a similar circumstance. On this basis, the U.S. Citizenship and Immigration Services will give their consent. If you are or were under the custody of the Department of Health and Human Services or the Office of Refugee Resettlement, you may need the consent of these entities as well.
A case evaluation with Vianey K. Hurtado Law will help you get informed about your progress toward these requirements, the next steps to take, and what to expect when granted SJIS. Your attorney will assist you in immigration court and to the greatest extent possible in filling out the necessary forms.
Another factor to keep in mind is criminal convictions, which may negatively impact your petition to be granted SIJS or permanent residence.
If granted, your Special Immigrant Juvenile Status can set you on the path of receiving Legal Permanent Residence (LPR) in the United States.
Due to the limits on the number of SIJS visas available per country of origin each year, USCIS is granting deferred action, if your petition is approved. Deferred action offers protection from deportation and the eligibility to apply for an Employment Authorization Document (EAD) while you await for a visa to become available. Once a visa becomes available, you may apply for adjustment of status to that of a lawful permanent resident. For juveniles in removal proceedings, you may move to terminate removal or deportation proceedings based on having alternative relief outside of removal proceedings. Working with an experienced lawyer can make all of the difference in your case, allowing you to ultimately obtain lawful permanent residency in the United States.
Vianey K. Hurtado serves the Phoenix and Yuma areas and has worked on countless petitions on the behalf of her clients. As the daughter of immigrants, she has a lifelong passion for the safety and success of each person’s journey toward citizenship. Her years of experience will guarantee that your case is handled with care and an individualized plan.
We are a bilingual office and welcome both English and Spanish speakers to contact us about their cases. Give us a call or fill out an inquiry form to request an in-depth case evaluation with the office of Vianey K. Hurtado Law.
