Special Immigrant Juvenile Status or SIJS is a form of humanitarian protection for children who are undocumented in the United States. SIJS is for children who have been abandoned, abused, or neglected by a parent. However, for being eligible to get SIJS, the children need to meet several other eligibility requirements as well. SIJS provides a path to citizenship and it may allow these vulnerable children to apply immediately for LPR (lawful permanent resident) status or a Green Card.
Eligibility for Special Immigrant Juvenile Status
In the United States a child needs to fulfill the following requirements:
- A child must be under 21 years old and Unmarried –The Immigration and Nationality Act in the US defines a child as a human being who is an unmarried individual and under 21 years of age.
- That child should be the one who can’t be reunified with at least one parent because he/she has been abused, neglected, or faced any other similar basis under State law.
- The next condition for being eligible for SIJS is that the abuse, abandonment, neglect, or any other similar basis needs to occur before the child’s 18th birthday.
- The child should not be interested at all to return to his/her country where he/she was residing earlier or where his/her parents reside.
- And most importantly, the child needs to be declared dependent on a juvenile court in the United States. Or, the child has been legally placed under the custody of an agency or department of State.
How To Apply For SIJS?
When it comes to applying for SIJS, it requires two steps:
- The child is required to obtain a predicate order from a state which determines the custody and care of children, and
- He/she needs to submit an actual petition for SIJS with the USCIS (the United States Citizenship and Immigration Services).
One thing to keep in mind is that an SIJS petition is submitted to the USCIS (the United States Citizenship and Immigration Services) only. It can’t be submitted to the local immigration court. However, if someone is already in immigration proceedings with a local immigration court, then he/she will also have to attend the hearings.
They need to update the immigration judge on the status of their SIJS petition. Therefore, it is always recommended that you seek representation for all aspects of your case with USCIS such as:
- Any state court proceeding,
- Immigration court proceedings, and
- Pending petitions etc.
How to Get a Predicate Order?
A document that contains the special factual findings to affirm the eligibility criteria of the SIJS is known as a predicate order. Hence, through a predicate order, it becomes clear that the SIJS applicant meets the eligibility requirements for SIJS. However, the SIJS applicant must present a case before a juvenile court for obtaining a predicate order.
The applicant of Special Immigrant Juvenile Status needs to present a case for a legal remedy. But, the SIJS predicate order can’t be considered a legal remedy by itself. It is just initiated as an additional request for a qualifying legal remedy.
However, by submitting a motion SIJS applicants can make this additional request. And, once the applicant successfully presents the case and submits the motion for SIJS findings, the Judge of USCIS issues the predicate order.
How to Submit an SIJS Petition to USCIS?
USCIS is a federal agency that is designated by the government to oversee immigration to the United States. However, for submitting an SIJS petition, an SIJS applicant needs to submit a Form I-360, or a petition for Amerasian, Widow(er), or Special Immigrant to USCIS. They sometimes also need to submit certain required pieces of evidence.
The evidence includes the following documents:
- The state predicate order,
- Copy of your birth certificate, or
- Any other document of your official identity.
We recommended to the SIJS applicants that they seek an immigration attorney that can represent them throughout the USCIS process. However, once the child submits the petition, a USCIS officer will review his/her petition. The USCIS officer has the power to deny the petition.
In some cases, the officer may issue a request for more evidence before making a final determination. But, once the SIJS petition is approved, the child will get a priority date. On this date, he/she can apply for a green card or permanent residency.
Benefits of Special Immigrant Juvenile Status
The benefits of applying for SIJS and getting it are as follows:
- A child who gets SIJS and is in the proceedings of immigration for deportation or removability possess a defense against deportability or removability,
- A child who has been granted with SIJS may apply for Legal Permanent Residency and citizenship in the future,
- While applying for legal permanent residency, a child may apply for a work permit as well.
Limitations of Special Immigrant Juvenile Status
SIJS has many benefits associated with it. But, there are a few limitations as well that come along. The limitations of SJIS are as follows:
- Children who obtain permanent residence through the SIJS petition can’t acquire green cards for their parents.
- Some children who apply for SIJS may have to wait years after receiving approval for their petition. That means, they aren’t allowed to lawfully work in this country for the years they wait.
Risks Associated with the Process of Applying for SIJS
When we fill an application with any entity or institution, there are always risks associated with that. When a child fills a petition, he/she needs to give access to his/her personal information to another person or agency.
USCIS however uses the information for determining the eligibility of that particular child for SIJS benefits. Sometimes, USCIS reports the same information to other agencies that have an interest in enforcing other laws. Therefore anyone interested in SIJS consults with an attorney regarding the specific risks which are associated with their case.
If you’d like help with your immigration case, feel free to schedule a consultation with us below. Remember to always consult with an attorney as your case may be time-sensitive.