Imagine a vulnerable child, abandoned, abused, or neglected, with no clear path to safety. The U.S. legal system offers a glimmer of hope for these children through Special Immigrant Juvenile Status (SIJS). This critical program not only offers a chance to stay in the U.S. but also opens a door to permanent residency (green card) and, eventually, U.S. citizenship.
In this blog, we’ll break down the SIJS process and explain how it serves as a lifeline for minors who have suffered unimaginable hardships. Whether you’re seeking to help a vulnerable child or need guidance through the complex immigration process, this blog is your starting point to understanding the power of SIJS and how it can change lives.
What is Special Immigrant Juvenile Status (SIJS)?
At its core, SIJS is a special program designed to protect children who have been abandoned, abused, or neglected by one or both parents. It’s a legal provision under U.S. immigration law that allows these minors to seek protection in the U.S. and eventually apply for permanent residency.
The program not only provides safety but also offers an essential path to becoming a U.S. citizen. However, the process is intricate and can be overwhelming, making it crucial to understand each step thoroughly.
Who Qualifies for SIJS?
If you’re a parent, guardian, or advocate of a child in distress, here’s what you need to know about the eligibility requirements for SIJS:
- The Minor Must Be Under 21: The child must be under 21 at the time of the application, and they must be unmarried.
- Family Court Case: The first step requires a court case in a state family court, where the minor must have a guardian—an adult willing to provide legal custody until the minor’s 21st birthday. The state court order must state that they child has been abused, neglected, or abandoned by one or both parents. The court must also decide that returning the child to their home country is not in their best interest.
In North Carolina, the court plays a critical role in the SIJS process. A predicate order issued by the court is required before the child turns 18. This is a unique requirement in North Carolina, which underscores the importance of timely legal action to secure SIJS eligibility.
- Physical Presence in the U.S.: The child must be physically present in the U.S. to apply for SIJS. This ensures that only children within U.S. jurisdiction are eligible.
- Parental Status: In some cases, a parent’s consent may not be required, especially if the child is in foster care or has been abandoned by the parent.
The Step-by-Step SIJS Process: How to Apply
Navigating the SIJS process can feel like a maze, but breaking it down step by step makes it more manageable. Here’s how it works:
- Obtain a Court Order from Family Court
The first step involves filing a petition in a state court to establish the facts of abuse, neglect, or abandonment. The court must issue an order affirming these claims and ruling that it is not in the child’s best interest to return to their home country. - File Form I-360 with USCIS
Once the court order is obtained, the next step is filing Form I-360, a petition for Special Immigrant Juvenile Status. This form is submitted to U.S. Citizenship and Immigration Services (USCIS), alongside the court order and other necessary documents, such as the child’s birth certificate. - Apply for Adjustment of Status (Form I-485)
After USCIS approves the I-360 petition, the next step is applying for a green card through Form I-485. This application allows the child to adjust their status to become a lawful permanent resident of the U.S. - Receiving a Green Card
If all goes well, the child will be granted a green card, which means they can legally reside in the U.S. This is the first step toward eventual U.S. citizenship.
Challenges and Considerations for SIJS Applicants
- Age Limitations: For Special Immigrant Juvenile Status (SIJS), one of the critical eligibility requirements is age. To apply, the child must be under 21, but this age requirement can be tricky for older minors who are approaching the age limit. In North Carolina, if the child is under the age of 18 and has lived in the state for at least six months, the court may issue an order with special findings affirming the child’s eligibility for SIJS. However, if the child turns 18 but is still under the age of 21, they will no longer be eligible to obtain a court order for SIJS. This makes it crucial for families to initiate the process before the child turns 18 to ensure they do not lose their opportunity to secure SIJS.
- Legal Complexity: SIJS cases often involve both family law and immigration law, making them complex and challenging. A mistake in the process could delay or derail the case.
- Visa Backlogs: Depending on the applicant’s country of origin, there may be waiting periods before a green card can be issued.
How The Law Office of Dahlia Castillo Can Help
At the Law Office of Dahlia Castillo, we know that the SIJS process can feel overwhelming, especially when a child’s safety and future are at stake. Our team of experienced immigration attorneys is here to guide you through every step of the application process, ensuring that all legal requirements are met and your child’s best interests are protected.
Whether you’re navigating SIJS or need help with other immigration matters such as:
- Asylum
- U Visas
- VAWA Visas
- DACA
- Fiancé Visas
- Deportation/Removal Defense
We are dedicated to offering compassionate, knowledgeable, and patient legal assistance to individuals and families across the U.S.
Contact Us Today for Help
If you or someone you know is struggling with a complicated immigration situation, don’t navigate it alone. Schedule an appointment with the Law Office of Dahlia Castillo, where we can work together to find a solution that’s right for you.
📞 Call (910) 484-3245 or visit our office to schedule a consultation today. We’re here to make the process easier, ensuring that you and your family have the support you need to take the next step toward a brighter future.
