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Special Immigrant Juvenile Status – Federal Procedure
Immigrant children who have been victims of abuse, abandonment, or neglect may be eligible to apply for permanent residence through the Special Immigrant Juvenile Status (SIJS) program. As a first step, children must petition a state court, which will make factual findings and issue an order that declares that the child is a dependent of the state, that he or she cannot be reunited with his or her parents due to abuse, abandonment or neglect, and that it is not in the best interests of the child to be returned to his or her country of citizenship. For more details on the state court procedure, visit link to state SIJS article.
Once the initial state court proceeding is complete, the child must apply to the United States Citizenship and Immigration Services (USCIS). The child will be asked to prove that he or she is eligible for Special Immigrant Juvenile Status (SIJS), as outlined below. Once the requirements for SIJS been met, the child must establish eligibility for a green card in order to become a lawful permanent resident of the United States.
Eligibility for SIJ Status
In order to obtain status as a Special Immigrant Juvenile, the child must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the USCIS. Several requirements must be met in order to qualify for SIJS. For example, there must be a state court order in effect, and the child must be:
- present in the United States,
- under the age of 21 at the time of filing, and
- not married—either single, divorced, or widowed.
When submitted, Form I-360 should be accompanied by supporting documentation to help USCIS determine the child's eligibility for SIJS. Providing sufficient evidence to support the determination can help to expedite the process. The following is a list of relevant documents that can be included with Form I-360:
- A copy of the child's birth certificate;
- A cover letter to USCIS explaining why the child qualifies for SIJS;
- A certified copy of the court order determining eligibility for SIJS; and
- Supporting documentation provided to the state court, such as:
- Declaration stating that there is no one able or willing to care for the child in his or her home country,
- Reports on the status of children in the child's home country, and
- Letters from doctors or therapists.
Eligibility for a Green Card
In addition to Form I-360, in order to be eligible for a SIJS-based green card, a child must submit Form I-485 to the USCIS to register as a permanent resident or adjust his or her status. It is recommended that both forms be filed at the same time, which will generally reduce the wait time. Those who are already in immigration proceedings should not file Form I-485 concurrently with Form I-360.
When submitting Form I-485, there are several additional documents that USCIS requires, including Form G-325A, which provides the child's biographical information, Form I-693 Report of Medical Examination and Vaccination completed by a doctor who is designated by the USCIS as a civil surgeon, and Form I-765 Application for Employment Authorization if the child is seeking lawful employment.
If there are inadmissibility issues such as past criminal history, possible gang-related activity or membership, the child should consult with an immigration attorney before proceeding.
Next Steps
After filing the necessary paperwork with USCIS, the child will receive Form I-797C, Notice of Action, which indicates that the documents have been accepted and are being processed. If the forms are not accepted, they will be returned with a notice explaining the reasons why, in which cases the information may have to be modified to correct any mistakes or provide any missing details.
Once the forms are accepted, the child—if he or she is 14 years of age or older—will receive a notice for an appointment to appear at an Application Support Center (ASC) for fingerprinting and photographing. On the day of the appointment, the child must bring a state-issued photo identification or a passport and the appointment notice that he or she received. If the child also filed Form I-765, he or she will receive an appointment notice for that form as well. If the child is not able to make it on the appointment day, there are instructions on the notice for requesting a new date and time.
Once the fingerprinting and photographing is complete, the child will receive an appointment notice for an interview. Generally, all SIJS applicants are interviewed unless it is waived for reasons such as extreme difficulty in going to the interview, need for an expedited decision, or because of the age of the child. The interview will assist USCIS officials in making a decision on Forms I-360 and I-485. If they are filed together, the applicant will be interviewed only once. At the time of the interview, USCIS will request information about criminal history and clarify any of the details provided in the forms that are not clear.
A final determination will be made within 180 days from the date stated in the I-797C, Notice of Action. In some cases, a decision will be made at the time of the interview. If both forms are approved, the child will receive notice of the approval, and a green card, or Permanent Resident Card, will be mailed within 90 days. If USCIS denies either Form I-360 or I-485, the applicant will receive written notice explaining the reasons for the denial and information regarding the procedure to appeal the denial or request reconsideration of the decision.
Further considerations
There are certain limitations for children who apply for a green card through the SIJS program. Depending on what was alleged in the SIJS petition filed in state court, a SIJS green card recipients may or may not be able to sponsor a parent. A SIJS green card recipient will be able to sponsor a brother or sister once the child becomes a U.S. Citizen. An attorney skilled in handling SIJS petitions can advise you on these and other considerations that may need to be taken into account. For more information on eligibility and the legal requirements for obtaining permanent residence through the SIJS program, contact Howard County Maryland immigration attorney Van T. Doan.
Categories: Immigration Law
