Special Immigrant Juvenile Status with an immigration attorney in Maryland
At Jaskot Law, we help minor immigrants who have been abandoned, abused, or neglected by one or both of their parents and/or legal guardians to obtain their immigration status.
What is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status (SIJS) is an immigration resource that can change a life. It is intended for young people who cannot be reunited with their parents and need to stay in the country legally for their own safety.
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Who is eligible for SIJS?
In order to be eligible for Special Immigrant Juvenile Status, you must meet the following requirements:
- Be under 21 years of age.
- Live in the United States at the time of applying.
- Not be married (either you never were or it has ended in divorce or annulment).
- The applicant must be declared dependent in a juvenile court. The Family Court must take jurisdiction over a petition addressing the needs of the applicant
- It is not in the best interest of the applicant to return to their country of origin or former residence.
- Having been the victim of abuse, neglect, or mistreatment by their parents or legal guardian.
What are the benefits of this status?
This juvenilevisa has multiple benefits for those who obtain it. First, it is a direct path to permanent residence. Once a young immigrant obtains SIJS classification, the path to obtaining a green card is direct.
On the other hand, it allows access to a work permit in the United States, thus offering young people economic independence so that they can get away from the context of abuse and mistreatment in which they found themselves. In addition, they will be able to acquire other public benefits, and discounts on their student fees, and thus guaranteeing them a better future.
How does the SIJS process work?
First of all, to petition for an SIJS classification you must complete and deliver the following forms and documentation required:
- A state court order determining custody and care of minors.
- An SIJS visa application through the USCIS office.
- Have completed and filed a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- Evidence of the applicant's age (either by showing their passport, official identity document, or any other document that successfullyproves their age).
- The written consent of HHS.
What will happen in state court?
The minor has likely come to juvenile court following the advice of someone close to him/her or a neighbor who has seen the domestic situation up close. Once in court, this institution will be in charge of deciding if the minor has been abused, mistreated, or neglected by the older person in their care.
There, the SIJS lawyer will present the case in court and show the necessary evidence for the judge to decide that it is detrimental to send the minor back home with their abusive or abandoning parents. Evidence of abuse can be:
- Testimonies from family members.
- Testimony from the child.
- Witness affidavits.
- Medical and police records.
- Reports from a social worker.
- Other kind of evidence.
Who is in charge of granting the status to the minor?
Contrary to popular belief, the state court is not in charge of granting SIJS status to migrant minors. Instead, it is the USCIS that will give that classification to the migrant juvenile. The state court’s role in the SIJS process is only geared toward making the necessary determinations for the eligibility of the migrant juvenile. determinations necessary for SIJS eligibility. Once that is done, the agency in charge of doing the immigration processing, using the information given by the court, is the USCIS.
Can SIJS become permanent residents?
Yes, indeed! Filling the Form I-485, Application for Permanent Residence or Adjustment of Status can be done at the same time that the applicant fills out the SIJS application. After that, its approval or disapproval only comes when the child has already been given the SIJS status. Then, once the child gains the status, he or she has to file Form I-912 to waive the fee for permanent residency and just wait for a USCIS notification.
SIJS lawyer in Baltimore, Maryland
The SIJS process is complex, and there is a wide margin of error that can cost you your case. For a successful outcome and a less stressful journey, it is highly recommended that you hire an immigration attorney who specializes in juvenile immigration.
At Jaskot Law, we are proud of our 100% SIJS win rate. Our firm has years of experience in these processes, and we treat each case in a unique and personalized way. The SIJS procedure is especially complicated, more than anything due to the difficult situation that minors must have gone through to reach this process. That’s why it’s important to make sure you go to someone trustworthy.
Testimonials
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In summary…
Immigrant children who have been abused by their parents can obtain lawful status.
At Jaskot Law we can help you get the SIJS Visa: +1 (410) 235-6868.
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