Special Immigrant Juvenile Status
“There can be no keener revelation of a society’s soul than the way in which it treats its children.” – Nelson Mandela
Special Immigrant Juvenile Status allows immigrant children who have been abused, neglected or abandoned by their parents, to obtain lawful permanent resident status. The process is unique in that in requires a state court order from Juvenile, Family or Probate court, finding that the child cannot be reunited with one or both of their parents, due to said abuse, neglect or abandonment. A state court order must be obtained first before the child can apply for benefits with immigration.
In order to qualify for SIJS status, the child must:
– Be under 21, unmarried, and within the United States
– Have been abused, neglected or abandoned by one or both parent
– Have a state court order from Juvenile, Family or Probate Court holding that reunification with one or both parents is no longer viable due to abuse, neglect, abandonment or a similar basis under state law; AND that it is not in the best interest of the child to return to his or her home country
Our office has handled many SIJS cases and the most common ways in which we obtain the necessary state court order are: (1) if the child is living with one parent, a petition for sole physical and legal custody by that parent, or (2) if the child is living with another family member or friend, a petition for legal guardianship by their caretaker. Custody cases are handled in family court, and the child must be under 18. Guardianship cases are handled in probate court and in California, guardianships can be granted up to 21 years of age.
Once a state court order is obtained, the child can then file a petition for themselves with immigration which must be filed before the child turns 21. That petition is subject to a priority date, which in the simplest terms, means the child must “wait in line” behind others who have filed similar petitions. Unlike many immigration petitions, however, the wait time is usually not very long and in many instances, depending on where the child is from, the priority dates are current, which means there is no wait time and the petition can be filed along with the permanent residency application.
This multi-step process is complicated and we suggest you seek advice from an immigration attorney. This information is not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.