Special Immigrant Juvenile Status
SIJS can provide a much needed avenue for children who have entered the United States illegally but are unable to return to their home country, due to safety concerns. The following article will outline how to qualify and apply for Special Immigrant Juvenile Status.
SIJS Requirements
Individuals who wish to apply for SIJS must meet the following requirements:
1. Individual is located in the United States. Their entrance into the US need not have been legal.
2. The applicant must file form I-360 petition while still a minor – in the state of CA this means that the applicant is under 21 years of age. Please note: the proceedings may take years, so the applicant may be an adult by the time the case is completed
3. The minor may not be married
4. The courts find that the applicant’s parents (one or both) neglected, abandoned or abused the child. As a result, the applicant is not able to return to their home safely.
Our practice helps individuals and families applying for Special Immigrant Juvenile Status. It has become increasingly important to have an immigration attorney at your side. We provide representation for all of Concord, Antioch, Richmond, Pittsburg, the Bay Area and beyond. If you would like to speak with us about your case, please call (415) 527-5886 right now.
What qualifies as neglect or abuse?
According to the California State Courts, a child can qualify for Special Immigrant Juvenile Status if one, or both, of their parents abuse, neglect or abandon them. Abuse, neglect and abandonment are defined – as by the CA state courts – below.
Abuse:
- Intentional physical harm
- The child is forced into sex trafficking, or their parent(s) fails to prevent them from being forced into sex trafficking
- Sexual assault or abuse
- A history of abuse or sexual assault
Neglect:
- The child suffers emotionally, due to parent(s) inability to protect them
- Parent(s) fail to protect child from gang involvement or violence
- Parent behavior causes serious emotional damage
- Cruel treatment or neglect
- Child does not have enough to eat
- Child is forced to quit their studies
- Child is forced into labor at a young age
Abandonment:
- Child is without parental support due to abandonment or death
- Child in the care of one parent, without support from other parent for over a year
- Parent(s) refuse to provide necessary support or supervision
- Parent(s) refuses to accept custody
For more details on California’s definitions of neglect, abandonment, and abuse as it pertains to SIJS, please consider reading the following document; “Guidance for SIJS State Court Predicate Orders in California” : https://www.ilrc.org/sites/default/files/resources/guidance_for_sij_predicate_orders_11.29.17.pdf
For minors seeking Special Immigrant Juvenile Status there are a few steps to complete. Thanks to the complicated nature of the proceedings, it is best to seek representation from a qualified professional – like Wilson Immigration.
Applying for Special Immigrant Juvenile Status:
1. The state court – from the state where the minor lives – or a juvenile court must find that the applicant was abused, neglected, or abandoned by either one or both of their parents
2. With an order from a state or juvenile court, the juvenile may then apply for SIJS using form I-360; a form used for many special immigration cases. In addition, applicant must include documentation proving age and a copy of court findings in their application.
Once granted lawful permanent residence through SIJS there are a few things to keep in mind, particularly when it comes to sponsoring family members.
Special Immigrant Juvenile Status and Visa Sponsorship:
- Due to the nature of the qualifications, a minor who is awarded lawful permanent residence through Special Immigrant Juvenile Status may not sponsor either of their parents; even in the case that only one parent was found guilty of abuse or neglect.
- If awarded lawful permanent residence, the individual may not sponsor their siblings. In order to sponsor their sibling, they must first become a United States citizen.
For those who intend to apply for Special Immigration Juvenile Status, please keep all of these qualifications in mind. Additionally, consider utilizing legal counsel to help streamline the process. Children should not have to live in unsafe home conditions, and Special Immigrant Juvenile Status can provide a safe way out.
Wilson Immigration is currently taking Special Immigration Juvenile Status cases for individuals in Alameda or Contra Costa County. Please reach out to Wilson Immigration with questions.
