Moving from a temporary student visa to permanent residency in the U.S. can be a complex journey, but it is possible with the right steps and legal guidance. In this post, we will walk you through how F1 and J1 visa holders can change their status to obtain permanent residency, focusing on a specific option: Special Immigrant Juvenile Status (SIJS). SIJS is a pathway for certain young immigrants under the age of 21 who have been abused, abandoned, or neglected to become lawful permanent residents (green card holders).
Let’s break this process down in simple terms, so you can understand how it works and what steps are involved. If you are in the U.S. on a student visa (F1 or J1) and think SIJS may apply to you, read on to learn more.
What Is an F1 Visa?
The F1 visa is the most common type of student visa in the U.S. It is given to international students who want to study at accredited institutions such as universities, colleges, high schools, or language schools. The F1 visa allows you to stay in the U.S. for as long as you are a full-time student in good standing.
However, F1 visa holders are on a temporary non-immigrant visa, which means they must leave the U.S. after their studies unless they change their visa status. Many F1 students may seek permanent residency to stay in the U.S. after completing their education.
What Is a J1 Visa?
The J1 visa is another non-immigrant visa given to individuals who participate in work-and-study-based exchange programs in the U.S. These programs can include internships, research, training, and teaching opportunities. Similar to the F1 visa, J1 visa holders are expected to leave the U.S. after their program ends.
J1 visa holders are sometimes subject to a “two-year home residency requirement,” meaning they must return to their home country for at least two years after completing their exchange program before applying for a green card or certain other U.S. visas. However, there are ways to waive this requirement if certain conditions are met.
Now that you have an understanding of the F1 and J1 visas, let’s explore the path to permanent residency through Special Immigrant Juvenile Status (SIJS).
What Is SIJS?
Special Immigrant Juvenile Status (SIJS) is a visa classification that allows children and young adults under the age of 21 who have been abused, abandoned, or neglected by one or both of their parents to apply for permanent residency.
SIJS is a humanitarian pathway that provides protection for vulnerable youth who cannot return to their home country safely. To be eligible for SIJS, you must meet specific criteria, and the process involves both family court and immigration authorities.
Key SIJS Requirements:
- Age: You must be under 21 years old at the time of filing for SIJS.
- Unmarried: You must not be married.
- Abuse, Abandonment, or Neglect: You must have been abused, abandoned, or neglected by one or both of your parents.
- Family Court: A state juvenile or family court must declare that it is not in your best interest to return to your home country and that you cannot reunite with one or both parents due to abuse, neglect, or abandonment.
- Approval by U.S. Citizenship and Immigration Services (USCIS): After the family court makes the necessary findings, you can apply for SIJS.
If approved, SIJS allows you to apply for permanent residency (a green card), which grants you the right to live and work in the U.S. permanently.
How Can an F1 or J1 Visa Holder Apply for SIJS?
For F1 or J1 visa holders who are under 21 and meet the criteria for SIJS, the process begins by seeking a family court order. Below is a step-by-step guide:
1. Seek a Family Court Order
The first step in the SIJS process is to get a family court order that declares:
- You have been abused, neglected, or abandoned by one or both parents.
- It is not in your best interest to return to your home country.
This court order is necessary to proceed with an SIJS application. A lawyer can help you present the right evidence and navigate the family court process.
2. File Form I-360 with USCIS
Once you have the family court order, the next step is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). This form is used to apply for SIJS and requires you to submit the family court order along with other supporting documents.
3. Wait for USCIS Decision
After submitting Form I-360, USCIS will review your petition. If they approve your SIJS petition, you can move forward with applying for permanent residency.
4. Apply for a Green Card
Once your SIJS petition is approved, you can apply for a green card (Form I-485, Application to Register Permanent Residence or Adjust Status). You will need to submit various supporting documents, such as proof of your SIJS status, proof of identity, and other necessary paperwork.
5. Attend Biometrics and Interview
As part of the green card process, you may be required to attend a biometrics appointment (where USCIS takes your fingerprints and photos) and an interview. USCIS will evaluate your green card application and, if approved, you will receive lawful permanent residence.
Benefits of SIJS for F1 and J1 Visa Holders
SIJS is a valuable option for F1 and J1 visa holders who have experienced abuse, abandonment, or neglect because it offers a way to transition from temporary student status to permanent residency. Some key benefits include:
- No Employment Sponsorship Needed: Unlike other green card options, SIJS does not require a job offer or sponsorship from an employer.
- Protection from Deportation: If approved, SIJS protects you from being removed from the U.S. and allows you to stay and apply for a green card.
- Path to Citizenship: After holding a green card for five years, SIJS beneficiaries can apply to become U.S. citizens through naturalization.
Challenges and Considerations
While SIJS offers a clear path to permanent residency, there are some challenges and important considerations:
- Court Involvement: You must obtain a court order declaring that you have been abused, neglected, or abandoned, which can be a sensitive and difficult process for some individuals.
- Eligibility Limits: SIJS is only available to those under 21 and unmarried, and not everyone will meet the criteria of having been abused, neglected, or abandoned.
- Visa Backlog: SIJS applicants from certain countries may face a waiting period before they can apply for a green card due to visa backlogs.
It’s important to consult with an immigration lawyer to understand whether SIJS is the right path for you and to guide you through the process.
Important Considerations for J1 Visa Holders
If you hold a J1 visa, you may be subject to a two-year home-country physical presence requirement. This means you must return to your home country for two years before applying for certain visas or statuses in the U.S., including permanent residence. However, you may be able to get a waiver of this requirement if:
- Returning to your home country would cause you hardship.
- You fear persecution in your home country.
- You have a U.S. citizen spouse or child who would experience extreme hardship.
Seeking Legal Assistance
Changing your visa status can be complex and time-consuming. It is essential to have a thorough understanding of the requirements and procedures. Mistakes in the process can lead to delays, rejections, or even deportation.
Our law firm specializes in helping international students and other individuals navigate the U.S. immigration system. We can help you:
- Determine the best path to permanent residency based on your circumstances.
- Assist with preparing and filing the necessary forms and documents.
- Represent you in case of any legal challenges.
Our immigration law firm is here to support you every step of the way, ensuring that your transition to permanent residency is as smooth as possible.
FAQs
1. What is SIJS?
SIJS (Special Immigrant Juvenile Status) is a visa classification that allows children and young adults under 21 who have been abused, neglected, or abandoned to apply for permanent residency in the U.S.
2. Can F1 or J1 visa holders apply for SIJS?
Yes, F1 and J1 visa holders can apply for SIJS if they meet the eligibility criteria, including being under 21 and having experienced abuse, neglect, or abandonment.
3. What are the main steps to apply for SIJS?
The main steps include obtaining a family court order, filing Form I-360 with USCIS, and then applying for a green card.
4. Do I need a lawyer to apply for SIJS?
While it is not required, having an experienced immigration lawyer can greatly help you navigate the family court process and USCIS filings.
5. Can I apply for SIJS if I’m married?
No, SIJS is only available to individuals who are unmarried and under 21.
6. How long does the SIJS process take?
The timeline varies, but SIJS petitions and green card applications can take several months to process. In some cases, there may be visa backlogs that extend the wait time for certain applicants.
