Many minors currently in the country are wondering how to regularize their immigration status. For this there is the SIJ classification, also known as Juvenile Status in the United States.
Now, what are the requirements to obtain Juvenile Status in the United States? Today, at Jaskot Law we will analyze a little more in-depth this very important immigration benefit and the necessary requirements to apply for it.
What is Juvenile Status in the United States?
Let us begin by analyzing what exactly we mean when we talk about Juvenile Status in the United States, also known as SIJ (Special Immigrant Juveniles). This is an immigration benefit to protect minors under 21 years of age who are in the country and have been abused, abandoned, or have been neglected by a parent.
Juvenile Status in the United States allows these minors to not only remain in the country legally, but can also be the first step towards Permanent Residency. However, the applicant must be a minor to access this immigration relief, so it is important to verify whether you qualify for this status or it is more convenient to seek another kind of legal remedy.
For this reason, it is essential to have the help of an experienced immigration lawyer who can advise you on the best possible option according to the particularities of your case. At Jaskot Law we can help you get the visa you need to regulate your status and stay legally in the United States. Contact us by calling +1 (410) 235-6868 or via email by using [email protected].
Juvenile Status in the United States: Requirements
Knowing then what the SIJ is, let us now see what are the requirements to apply for Juvenile Status in the United States, which are established by the following laws 8 U.S. Code § 1101 y 8 CFR § 204.11.
In the following table you will find all the necessary requirements to apply for Juvenile Status in the United States:
| You must… | At the time of… |
| Be under 21 years of age. | File your petition for Juvenile Status (Form I-360). |
| Currently living in the United States. You will not be able to apply from abroad to enter the country under Juvenile Status. | File the Juvenile Status petition and at the time USCIS makes a decision on your case. |
| Being single. This is: – Never been married – That the marriage has ended in annulment, divorce, or death of the spouse (widowed). | File your application for Juvenile Status and at the time USCIS makes a decision on your case. |
| Have a valid order issued by a state juvenile court in the United States finding that you are either a dependent of the court or that you are in the custody of a state agency or department, a person or entity designated by the court. You cannot meet with one of your parents due to the existence of: – Abuse. – Abandonment. – Mistreatment. – Negligence of your parents or guardians. – You cannot return to your country of origin, your last habitual residence or that of your parents. Note that some juvenile courts may only issue an order if you are under 18 years of age. | File the Juvenile Status petition and at the time USCIS makes a decision on your case. However, you need not currently be under the jurisdiction of the juvenile court that issued the order if the order was terminated on any of these grounds: – You were adopted or placed in permanent foster care. – You exceeded the age limit for juvenile court jurisdiction. |
| Be eligible for USCIS consent. This means that you must have sought the juvenile court order to obtain relief from abuse, abandonment, neglect, or similar cause under state law and not merely with the intent to obtain an immigration benefit. | USCIS will make a decision on your case. |
| Have written consent from the Office of Refugee Resettlement (ORR) Department as to the jurisdiction of the court if: – You are currently in ORR custody. – The juvenile court order changes your custody status or placement. | USCIS will make a decision on your case. You can visit the ORR website for instructions on how to obtain written consent from both departments. |
All of these requirements for obtaining Juvenile Status in the United States constitute a legal process that can be extremely complex and stressful, involving a court appearance to determine the existence of abuse, abandonment, or neglect on the part of the child’s parents.
However, even though the applicant is a minor, he or she can and should seek legal assistance from an experienced immigration attorney who will handle the case and who knows how to handle the situation.
Don’t worry, at Jaskot Law, We can help you obtain Juvenile Status in the United States and advise you through every step of this difficult process. Contact us by calling +1 (410) 235-6868 or via email by using [email protected]. You are not alone.
Juvenile Status in the United States: Documentation Requirements
Another requirement to apply for Juvenile Status in the United States is the filing of certain documents with USCIS. This documentation includes:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- Form I-485, Application to Register Permanent Residence or Adjust Status.
- Copy of Form I-797, Notice of Approval or Receipt.
- Two recently taken passport-type photographs.
- Copy of government-issued identity card, with at least one photograph (if necessary).
- Copy of birth certificate.
- Copy of the passport page with the non-immigrant visa (if you have one).
- Copy of the passport page with the admission stamp or temporary stay permit (if you have one).
- Copy of Form I-94, Record of Entry/Exit, or a copy of the Customs and Border Protection (CBP) admission stamp or temporary stay permit on your travel document.
- Form I-693, Medical Examination Report and Immunization Record.
- Certified police and court records of any criminal charges, arrests or convictions (if necessary for your case).
- Form I-601, Application for Waiver of Grounds for Inadmissibility (if necessary for your case).
- Past or present J-1 or J-2 immigrant documents (if necessary for your case), including the Form I-612, Application for Waiver of Alien Residency Requirement.
Keep in mind that presenting all the documentation in due time and form is vital to be able to obtain the Juvenile Status in the United States, as well as any kind of immigration benefit in this country. Therefore, it is always advisable to seek the help of a professional immigration attorney who can confirm that you have all your documentation in order.
Don’t worry, at Jaskot Law, our attorneys have the experience and dedication to help you verify if you have all the documents and meet the requirements to obtain Juvenile Status in the United States. Contact us by calling +1 (410) 235-6868 or via email by using [email protected].
Juvenile Status in the United States: Application Requirements for Work Permits and Departure from the United States
As a minor under the SIJ classification, you may apply for a work permit while USCIS analyzes your application for adjustment of status. To do this you must file the Form I-765 Application for Employment Authorization.
On the other hand, if you need to leave the country temporarily due to an emergency or other force majeure circumstance while your adjustment of status application is pending, you will need to file the Form I-131, which is used for the following cases:
- Apply for a re-entry permit.
- Apply for a TPS travel document.
- Apply for an advance travel authorization document (including permission to enter the United States for humanitarian reasons).
It is extremely important that you present this documentation if you need to leave the country, otherwise you may face difficulties in re-entering the country and it may even harm your application for Juvenile Status in the United States.
What happens to unaccompanied migrant children?
All this said, it remains to be seen what happens to unaccompanied migrant children, that is, a foreign minor unaccompanied by an adult in charge with the following characteristics:
- Do not have lawful immigration status in the United States.
- Are under 18 years of age.
- Do not have a parent or legal guardian in the United States.
- Do not have a parent or legal guardian available to care for you.
As minors who have no adult responsible for them, they can obtain Juvenile Status in the United States through a legal process. Here’s how:
Appearing in juvenile court is a requirement for obtaining Juvenile Status in the United States.
Initial detention and custody
When an unaccompanied migrant child arrives at the U.S. border, he or she is detained by immigration authorities. He is then transferred to the custody of the Department of Health and Human Services (HHS), specifically the Office of Refugee Resettlement (ORR). The latter is responsible for providing temporary care for minors.
Welfare evaluation
During this period, an assessment of the child’s welfare is conducted to determine if the child has any relatives or sponsors in the United States. If a suitable relative or sponsor is identified, they are notified and another review is conducted to determine if they are eligible.
Immigration process
If no suitable relative or sponsor is found, the child will enter the immigration system and begin the process of obtaining Juvenile Status in the United States. This involves filing an application with the immigration court and attending court hearings.
Legal representation
During the immigration process, it is important for the child to have legal representation. Minors have the right to an attorney, even if they cannot afford one. Non-profit organizations and legal advocates can be very helpful.
Immigration Judge Hearing
The child must appear before an immigration judge at a hearing. During the hearing, the details of the case will be reviewed and the judge will determine if the child qualifies for Juvenile Status in the United States.
Deportation Order or Juvenile Status
After the hearing, the judge will issue a decision. If the judge determines that the child meets the requirements for Juvenile Status in the United States, he or she may remain in the country. On the other hand, if the judge issues a deportation order, the child could be sent back to his or her country of origin.
It is important to note that the process detailed above is a general description and there may be variations in individual cases. Because of this, it is important to seek help from a professional immigration attorney who can see what the best legal course of action is based on the particulars of your case.
Don’t worry, at Jaskot Law, Our attorneys have the experience and dedication to help you through the entire process of applying for Juvenile Status in the United States. Contact us by calling +1 (410) 235-6868 or send us an email at [email protected].
Sources
USCIS – Special Immigrant Juveniles
UNICEF – Child and adolescent migration
Frequently Asked Questions
What are the benefits of obtaining Juvenile Status in the United States?
Juvenile status in the United States offers important benefits, such as the ability to live and work legally in the country, access welfare programs, obtain a social security number and, in some cases, apply for permanent residency.
How long does it take to apply for Juvenile Status in the United States?
Processing time may vary, but generally, the Juvenile Status application process can take several months. It is important to submit a complete and accurate application and follow all instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to expedite the process.
What happens after obtaining Juvenile Status in the United States?
After obtaining Juvenile Status in the United States, it is possible to apply for adjustment of status to Permanent Residence. This involves filing Form I-485 and complying with additional requirements established by the USCIS. Obtaining Permanent Residency provides more stability and opportunities in the country.
What happens if I do not meet all the requirements to obtain Juvenile Status in the United States?
If you do not meet all the requirements to obtain Juvenile Status in the United States, it is advisable to seek specialized legal advice. An immigration attorney can evaluate your situation and explore other options available to you. At Jaskot Law we can provide you with guidance and support in this process. Contact us at +1 (410) 235-6868 or via email by using [email protected].
