Minors are some of the most vulnerable members of our society, and minors seeking to immigrate to the U.S. are no exception. Children who have been abused, neglected, or abandoned by their parents can file for Special Immigrant Juvenile Status, which, once granted, allows them to file for a green card.
If you are looking to apply for SIJS status, contact a Phoenix Immigration Lawyer at Ybarra Maldonado Law Group regarding your case. Our experienced immigration attorneys are here to guide you through every step of the SIJS process, and are dedicated to providing you with the legal support and resources you need to succeed.
Call our law firm at (602) 910-4040 to schedule a free initial consultation with an attorney on our team.
SIJS Immigration (Visa Juvenil)
SJIS immigration is an immigration process that provides vulnerable minors (individuals under the age of 21) with a pathway to obtain lawful permanent residency in the United States.
What Is Special Immigrant Juvenile Status (SIJS)?
Special Immigrant Juvenile Status (SIJS) is a legal designation aimed at safeguarding undocumented immigrant children who have faced abuse, neglect, or abandonment from one or both parents.
To qualify for SIJS, children must meet specific criteria outlined by federal law and obtain a court order from a state juvenile court confirming their eligibility and need for protection.
Special Immigrant Juveniles (SIJ)
Special Immigrant Juveniles (SIJ) are vulnerable undocumented immigrant children who have experienced abuse, neglect, or abandonment and have been declared as “dependent” by a state juvenile court.
Special Immigrant Juvenile Status Requirements
In order for a child to qualify for Special Immigrant Juvenile Status, the child must be:
- Under 21 years old (or under 18 years old in Arizona)
- Unmarried
- Present in the U.S. and an undocumented immigrant
- Separated from–or hurt by–one or both parents
How Is Neglect, Abuse, or Abandonment Determined?
In SIJS cases, acts of neglect, abuse, abandonment, and others of a similar basis are typically determined based on the state law definitions of those acts. Usually, these acts are determined by a judge who has jurisdiction over the child’s custody, care, or placement.
SIJS Approval Rate
While it can be difficult to determine the exact approval rate for SIJS applicants, it’s believed that more than 90% of SIJS applications are approved. If you are looking to appeal an SIJS decision or another immigration decision, contact a Phoenix immigration appeal lawyer at Ybarra Maldonado Law Group regarding your case.
Special Immigrant Juvenile Status Processing Time
Like other immigration cases, Special Immigrant Juvenile Status case timelines can vary depending on various factors. In general, the United States Citizenship and Immigration Services (USCIS) claims to provide SIJS applicants with a decision within 6 months of their initial filing date.
If you are curious about the timeline for adjustment of status or another immigration issue, contact an immigration attorney who can help you understand what to expect in your specific case.
Can SIJ Petition for Parents?
No, someone granted SIJ status cannot petition for immigration benefits on behalf of their parents, even if they have a good relationship with their parents. However, if the SIJ later becomes lawful permanent residents or U.S. citizens, then they can petition for an immigration benefit on behalf of their parents.
If you are looking to help your parents immigrate, a family Immigration Lawyer in Phoenix, AZ can help you understand your rights as an SIJ or a lawful permanent resident.
How to Get Special Immigrant Juvenile Status Green Card
The process of gaining an SIJS Green Card is unique in that it requires the individual to file with a state juvenile court before they can apply for lawful permanent residence through adjustment of status.
Get a Special Immigrant Juvenile Order from the Court
In order to obtain an SJIS order from the immigration court, an eligible child must file a dependency petition in a state juvenile court. This allows them to seek a state court order declaring them as dependent due to abuse, neglect, or abandonment.
In order to grant this state court order, the juvenile court must determine that:
- The child cannot live with one or both of their parents because one or both of them abused, neglected, or abandoned the child; and
- It is not in the child’s best interests to return to their home country or place of last habitual residence due to abuse, neglect, or abandonment.
If the court determines that the child is eligible, then they can submit a petition (Form I-360) to USCIS requesting SIJ status.
Apply for SIJS Green Card and Lawful Permanent Residence with USCIS
Once the child is approved and granted SJI status, they can immediately apply for lawful permanent residency (green card) through USCIS. They will need to file a Form I-485 to adjust their status to lawful permanent resident, or green card holder, in the United States. More
Contact a Phoenix Immigration Attorney at Ybarra Maldonado Law Group
Immigration law can be difficult to navigate and understand, especially if you are a child and you aren’t able to depend on one or both of your parents for help. If you need help filing for SJI status or permanent residency, contact an Arizona immigration attorney at Ybarra Maldonado Law Group today.
Whether you are seeking assistance with obtaining a green card, applying for SIJ status, or looking to resolve other immigration issues, our experienced attorneys are here to provide you with the personalized legal solutions you deserve. We strive to ensure that each client receives steadfast legal attention, support, and advocacy throughout the immigration process.
Don’t face immigration challenges alone–call (602) 910-4040 or contact us via our website to schedule a consultation with a member of our legal team.
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