For many undocumented individuals living in the United States, particularly children, the future is filled with uncertainty and hardship.
Our law firm, licensed in California, Massachusetts, and New York, is committed to helping young immigrants pursue a future in the United States through Special Immigrant Juvenile Status (SIJS).
Understanding Special Immigrant Juvenile Status (SIJS)
Children under twenty-one who face difficulties such as abuse, abandonment, or neglect have a unique opportunity to pursue citizenship through SIJS.
This path enables them to become lawful permanent residents, allowing them to work, travel outside of the United States, apply for in-state tuition, receive public benefits, and eventually apply for citizenship.
Eligibility Requirements for SIJS
Immigrant youth must meet several requirements to be eligible for SIJS, including:
- Being under twenty-one years of age at the time of filing.
- Living in the United States at the time of filing and when a decision is made.
- Being unmarried at the time of filing and when a decision is made.
- Obtaining a valid juvenile court order from a state court.
- Meeting specific criteria related to abuse, abandonment, neglect, or a related basis under state law.
Navigating these requirements can be complex, and the process varies among jurisdictions, including California, New York, and Massachusetts.
SIJS Attorney Litigating in CA, MA, and NY
The SIJS litigation process entails numerous steps, including:
Determining Eligibility: Ensuring the client meets the age, marital status, and abuse/abandonment/neglect criteria of 8 CFR § 204.11.
Filing in State Court: Submitting filings to a juvenile court, a specialized state court dealing with family law or child protection.
Obtaining Special Findings Order: This state court order details the child’s circumstances and is essential for the immigration phase.
Filing SIJS Petition with USCIS: Submitting Form I-360, a birth certificate, and copies of the special findings order.
Adjudication by USCIS: Involving a review of the petition, possible interviews, and a final decision within 180 days.
Risks of Pursuing SIJS: Advice from Experienced SIJS Attorneys in CA, NY, and MA
The pursuit of Special Immigrant Juvenile Status (SIJS) is an intricate legal process, and consulting an SIJS attorney is essential to navigate the complexities.
While SIJS offers vital protections to immigrant children in the United States, there are inherent risks involved, best understood with the guidance of an SIJS attorney:
Complex Legal Requirements: SIJS eligibility criteria are stringent. An experienced SIJS attorney will ensure that no mistakes are made in the application process, which could lead to delays or denial.
Emotional Challenges: Engaging with an SIJS attorney who understands the emotional aspect of discussing personal trauma is vital for a smooth SIJS application process.
Potential Notice to Parents: An SIJS attorney will be aware of the jurisdiction-specific requirements, such as notifying parents, and can guide you through these sensitive issues.
Legal Limbo: SIJS applications can be time-consuming. An SIJS attorney will help minimize the risks related to undocumented status during this waiting period.
Changes in Legislation: An SIJS attorney will stay abreast of changes in immigration laws and how they might impact SIJS, providing you with up-to-date guidance.
State-Specific Challenges: Different states have variations in handling SIJS cases. Our expert SIJS attorneys in CA, NY, and MA specialize in these state-specific requirements, providing tailored legal support.
Choosing to pursue SIJS is a significant decision, requiring the expert guidance of an SIJS attorney.
Our law firm, based in CA, MA, and NY, specializes in SIJS, offering personalized legal assistance from dedicated SIJS attorneys.
If you or a loved one is considering SIJS, contact our team of SIJS attorneys to discuss your unique situation and understand the potential risks and rewards of this critical legal pathway.
