Immigration can be overwhelming, especially for children and teenagers who have faced abuse, neglect, or abandonment. Special Immigrant Juvenile Status, or SIJS is a special way kids and teens can become legal residents in the United States if they’ve been through tough times. We’ll break it down into 10 easy-to-understand points.
1. What is SIJS?
It stands for Special Immigrant Juvenile Status. It’s a program that helps kids and teens who have been hurt, abandoned, or neglected by their parents to stay in the United States legally. This status can help them feel safe and have a chance for a better life.
2. Why Was SIJS Created?
SIJS was created by the US government in 1990. The idea was to help kids who can’t live with their parents because of abuse, neglect, or abandonment. Instead of sending these kids back to unsafe situations, SIJS helps them find a safer, more stable place to live in the US.
3. Who Can Apply for SIJS?
To apply for SIJS, you need to meet certain rules:
- Be under 21 years old.
- Be unmarried.
- Be declared dependent by a juvenile court (a special court that helps kids).
- Show that you can’t be with one or both of your parents because of abuse, neglect, or abandonment.
- Prove that it’s not safe for you to go back to your home country.
4. How Does the SIJS Process Start?
The SIJS process starts with a visit to a juvenile court. The court will decide if you qualify by looking at your situation and deciding if you need protection. They will issue a court order that says you are dependent on the court, and that you can’t go back to your parents because of abuse, neglect, or abandonment.
5. Filing Form I-360
Once you have the court order, you can file a form called Form I-360 with the United States Citizenship and Immigration Services (USCIS). This form is your official request to get SIJS. You need to include the court order and other important documents like your birth certificate and proof of identity.
6. Getting a Green Card
After you get Special Immigrant Juvenile Status, you can apply for a green card using Form I-485. A green card lets you live and work in the US permanently. Sometimes you can file this form at the same time as Form I-360 to speed things up. You need to send in more documents, like photos, ID, and proof of your status.
7. What is Deferred Action?
Deferred action is a temporary protection from deportation. This means you can’t be forced to leave the US while you’re waiting for your SIJS application to be approved. It gives you time to stay safe and get everything sorted out.
8. How Long Does the SIJS Process Take?
The SIJS process can take a while, sometimes a few years, because many people are applying. The important thing is to get started as soon as you can, especially if you’re close to the age limit. Different states have different rules about how old you can be to start the process, you can check the sijs age out by state article. For example, in some states, you need to start before you turn 18, while in others, you can start up to age 21.
9. The Role of a Lawyer
Having a lawyer can make the SIJS process much easier. A lawyer knows all the rules and can help you fill out forms, gather documents, and understand what’s happening. They can also help you if you have to go to court. Lawyers make sure you’re doing everything right so you have the best chance of getting Special Immigrant Juvenile Status.
Lawyers can help you:
- Understand eligibility requirements.
- Prepare and file necessary forms and documents.
- Represent you in juvenile court and immigration proceedings.
- Provide guidance and support throughout the process.
Our firm specializes in providing legal assistance for SIJS applications. If you or someone you know is considering applying for Special Immigrant Juvenile Status, contact us for a consultation. Our experienced immigration attorneys are here to help you every step of the way, ensuring you have the best possible chance of obtaining legal residency in the United States.
10. Advantages and Disadvantages of SIJS
| Advantages | Disadvantages |
| Protection from being deported. | The process can take a long time. |
| The chance to get a green card and live in the US permanently. | You might have to talk about difficult and painful experiences. |
| Access to benefits like health insurance and education support. | It can be complicated and sometimes stressful. |
Conclusion
SIJS is a valuable program for kids and teens who need protection and a safe place to live. Understanding the basics of SIJS helps you see if it could be the right path for you or someone you know. With patience and the right help, Special Immigrant Juvenile Status can open the door to a brighter future in the United States.
Frequently Asked Questions (FAQs)
1. What happens if I turn 21 before my SIJS application is approved?
If you turn 21 before your SIJS application is approved, your eligibility might be affected depending on the state you are in. It’s crucial to start the process as early as possible and consult with an immigration lawyer to navigate age-out concerns.
2. Can I apply for SIJS if I am already in deportation proceedings?
Yes, you can apply for SIJS even if you are in deportation proceedings. The immigration judge will consider your application and the court orders you have obtained.
3. Is there a fee to apply for SIJS?
There is no fee for filing Form I-360 for Special Immigrant Juvenile Status. However, there may be fees associated with the subsequent Green Card application (Form I-485), although fee waivers are available for those who cannot afford to pay.
4. Can I work in the U.S. while my SIJS application is pending?
Once you obtain SIJS and file Form I-485 for a Green Card, you can also apply for a work permit (Employment Authorization Document) which will allow you to work legally in the U.S.
5. Can I travel outside the U.S. while my SIJS application is pending?
It is generally advised not to travel outside the U.S. while your SIJS application is pending because leaving the country can complicate your case. After obtaining a Green Card, you will have more flexibility to travel.
6. What happens if my SIJS application is denied?
If your SIJS application is denied, you may be at risk of deportation. It’s important to seek legal advice immediately to explore other options or to appeal the decision.
7. Can my parents obtain legal status through my SIJS?
No, obtaining Special Immigrant Juvenile Status does not provide any immigration benefits to your parents. In fact, one of the SIJS requirements is proving that reunification with your parents is not possible due to abuse, neglect, or abandonment.
8. What are the long-term benefits of obtaining SIJS?
Obtaining Special Immigrant Juvenile Status can lead to permanent residency (a Green Card) and eventually U.S. citizenship. It also allows you to live, work, and study in the U.S. with greater stability and access to resources.
