SIJS (Special Immigrant Juvenile Status) is a special immigration category created to help foreign minors who have been abused, abandoned, or neglected by one or both parents. This protection allows these minors to obtain legal status in the United States, which can lead to a green card. A SIJS Attorney in California is essential in this process, effectively guiding and representing these minors.
For Brazilians in California, SIJS offers a vital opportunity for legal protection and security, especially for those facing extreme hardship in their home country.
Qualification Criteria
To qualify for SIJS, a minor must meet several requirements:
- Under 21 : The child or adolescent must be under 21 years of age on the date of the request.
- Single : The minor must be single and not married.
- Abuse, Abandonment, or Neglect : The court must determine that the child has been abused, abandoned, or neglected by one or both parents.
- Inability to Reunify : There must be a determination that the minor cannot be reunited with a parent due to abuse or neglect.
- Best Interests of the Child : The court must determine that it would not be in the best interests of the child to return to his or her home country.
These criteria ensure that only those in genuine need of humanitarian protection qualify for SIJS .
Brazilian Minors and SIJS in California
| Stage | Term | Objective | Important Note |
| Initiation of the Proceedings in the Family Court | 2-3 months | File a petition with the family court to begin the SIJS process. | The child must be under 21 when applying. Start the process before age 20.2 to ensure sufficient time. |
| Family Court Hearing | 4-9 months | Attend the court hearing to obtain the judge’s findings (court order) qualifying the child for SIJS. | The court must issue an order declaring that the child cannot be reunited with one or both parents due to abuse, neglect, or abandonment. |
| Obtaining a Court Order | Immediately after the hearing | Use the court’s injunction to move forward with the SIJS request. | |
| SIJS Application with USCIS | Immediately after the court order | Submit the SIJS request to USCIS for processing. | The child is protected from deportation pending USCIS processing. |
| Deferred Action | While waiting for the visa number | Receive deferred action while waiting for a visa number. | In some states, SIJS beneficiaries with deferred action may have access to benefits such as health care and education. Access varies by state and program. |
| Apply for a Green Card | Approximately 3 years after the approval of SIJS | When the visa is available, apply for permanent residence (green card). | SIJS applicants must be under 21 and single when applying, but are protected against “aging out.” If they apply before they are 21, they can continue the process even after that age. |
Many Brazilian minors in California may face challenging circumstances in their homes, whether due to abuse, abandonment, or neglect. SIJS offers these minors the chance to obtain legal protection in the United States, allowing them to focus on their lives and futures.
A California SIJS attorney can help ensure that all requirements are met, presenting your case to the court properly, and maximizing your chances of approval.
The SIJS Legal Process in California
SIJS Process Steps in California
The process for obtaining Special Immigrant Juvenile Status (SIJS) involves several steps, each crucial to the success of the application:
- California Family Court Determination : The first step is to obtain a determination from the family court in California , which must issue an order stating that the child has been abused, neglected, or abandoned by one or both parents, and that it is not in the child’s best interest to return to his or her home country.
- Petition to USCIS (U.S. Citizenship and Immigration Services) : After the family court’s determination, your California SIJS attorney will file a petition with USCIS. This petition should include the court order, along with other documents required for the case.
- Obtaining Employment Authorization and Green Card : If the SIJS application is approved, the minor may eventually apply for a green card and obtain employment authorization, ensuring legal residency in the United States. Common Challenges in the Process
The SIJS process can be complicated and involves many challenges. Some of the most common issues include:
- Gather Proper Documentation : It is crucial that all evidence of abuse, neglect, or abandonment be clearly documented. A California SIJS attorney can help you collect and organize this information effectively.
- USCIS Petition Error : Small mistakes, such as filling out immigration forms incorrectly or missing deadlines, can result in significant delays or even denial of your application. A skilled SIJS attorney ensures that all details are carefully handled.
- Conflicts with Family Court Decisions : Sometimes the determination of the family court can be challenged, and this is where an experienced California immigration attorney becomes essential to deal with these complications and advocate for the best interests of the child.
Special Immigrant Youth Status (SIJS) is a crucial immigration benefit for immigrant youth who have been abused, neglected, or abandoned by one or both parents. For those seeking help, having a SIJS attorney in California is essential to navigating the complex legal process.
In California, the process begins with a case in state court. Whether through a family law or guardianship proceeding, the court must make specific findings that you qualify for SIJS. These findings include that you are unable to reunite with a parent due to abuse, neglect, or abandonment, and that it is not in your best interest to return to your home country.
Once the court grants these findings, you can apply for SIJ status with USCIS. An experienced SIJS attorney in California will guide you through this process, ensuring that all legal steps are followed correctly to protect your future in the United States.
If you are in California and believe you may qualify for SIJS, seeking the help of an experienced attorney is critical to ensuring your rights are protected.
The Importance of a Specialized Lawyer
Hiring a California SIJS attorney is essential to the success of the process. Here are the main reasons:
- Experience with Similar Cases : A lawyer specializing in SIJS has handled many similar cases and understands the unique challenges that Brazilian minors may face. This is especially important in the state of California, where laws can vary from state to state.
- Efficiently Navigating the Legal Process : The SIJS process requires knowledge of both the family court system and immigration law. A skilled attorney can navigate both systems and ensure that all steps are completed correctly.
- Maximizing Chances of Success : A California SIJS attorney knows how to present your case in a way that maximizes your chances of approval, from gathering evidence to filing a petition with USCIS.
Why Choose a SIJS Attorney in California?
Knowledge of Local Laws
Hiring a SIJS attorney in California offers a significant advantage because of their specialized knowledge of state and federal laws. California has its own rules and procedures in family court that can impact the outcome of a SIJS case.
- Local Advantage : A California SIJS attorney knows the nuances of local courts and the specific requirements for a SIJS petition to be accepted.
- Focus on Federal Immigration Laws : Additionally, he understands how state laws intersect with federal immigration laws, ensuring the process is handled thoroughly.
- Protection Against Procedural Errors. The SIJS process involves several complex steps, from collecting evidence to filing documents with the court and USCIS. Hiring a skilled attorney can help you avoid mistakes that could result in delays or even rejection of your case.
- Proper Documentation : A SIJS attorney in California knows what documents are needed, from the family court decision to the formal immigration petition.
- Meeting Deadlines : It also ensures that all deadlines are met, avoiding complications with the USCIS .
Success Stories
Many Brazilian minors who have sought help from SIJS lawyers in California have successfully obtained legal status in the United States. A lawyer with proven experience can provide examples of past cases to show potential clients the effectiveness of their services.
- Case Examples : A California SIJS attorney with a track record of successful cases can boost potential clients’ confidence by showing how his or her experience has made a difference in complex immigration proceedings.
How to Hire a SIJS Attorney in California
What to Look for in a SIJS Lawyer
When it comes to hiring a SIJS attorney in California , it is essential to look for certain criteria that will ensure that the Brazilian minor receives the best possible assistance. Here are the main factors to consider:
Experience with SIJS : Make sure the attorney has proven experience handling SIJS cases. Ask how many cases similar to yours they have handled and what their success rate has been. Our law firm handles hundreds of applications per year in California, New York, Massachusetts, and New Jersey, focusing on helping Brazilians obtain green card status in the US.
Fluency in Portuguese : Hiring a lawyer who speaks Portuguese can facilitate communication and ensure that all the nuances of the case are understood. This is particularly important for Brazilian families in California. Our firm’s owner is Brazilian, and so is more than half of the team, ensuring a culturally aligned experience and understanding of the needs of Brazilian immigrants.
Reputation and Testimonials : Research online reviews and testimonials from past clients to ensure that the attorney you choose has a good reputation for handling juvenile immigration cases, especially in the state of California.
