Menu
Immigration Relief for Special Immigrant Juveniles: Filing Form I-360 and Immigration Court
Contributor: Van T. Doan
In our last few blog posts, we’ve discussed Special Immigrant Juvenile Status, including the state court process for special immigrant juveniles. In this post, we will talk about what happens after a child has been declared dependent on a juvenile court at the state level. That finding of dependency is required in order for the child to be found eligible for Special Immigrant Juvenile Status (SIJS) in an immigration proceeding.
What Documents Need to Be Filed for Special Immigrant Juvenile Status?
After a state court has determined an immigrant child was abandoned, abused, or neglected, and that it is not in their best interest to return to their home country or the country in which they last resided, the child (or someone acting on their behalf) can file a petition for Special Immigrant Juvenile Status with United States Customs and Immigration Services (USCIS). Children over the age of 14 must sign the petition themselves; younger children generally have a parent or guardian sign for them.
This petition, Form I-360, does not require special immigrant juveniles to pay a filing fee, but other documents may be required, including:
- A cover letter
- Form G-28, Notice of Entry of Appearance as an Attorney (if the child is represented by an attorney)
- Copy of the Order of Findings of SIJ eligibility from state court
- Copy of the Letter of Guardianship or Custody Order from state court
- Copy of the child’s birth certificate or other proof of age and identity, and paternity along with certification of any translation of those documents to English
Immigration forms, including Form I-360, are updated frequently. Filing an outdated version of a form can result in the petition being rejected. If an applicant is not working with an immigration attorney, they should download the form from the USCIS website to be sure they are using the most current version.
After the petition is submitted, an applicant (or their attorney, if they have one) will receive a Form I-797C. This is a Notice of Action confirming that the petition for Special Immigrant Juvenile Status has been received and is being processed. Once the petition is in process, the applicant or the attorney can check the status using the USCIS Case Status Online system. The Form I-797C receipt number is required to use this system.
Special Immigrant Juvenile Status Processing
Congress has mandated that a decision be made on petitions for SIJS within 180 days of receipt of Form I-360. Unfortunately, the reality is that processing often takes significantly longer than it is supposed to. Applicants can check on the expected processing times for SIJS petitions and other immigrations forms on the USCIS processing times website. USCIS may make a “request for evidence” (RFE) if it believes that more information is needed to make a determination.
If the child has been placed in removal proceedings, and once Form I-360 has been approved, a motion to administratively close or terminate removal proceedings should be filed with the immigration court. After removal proceedings have been terminated and a visa number is available, the applicant can petition for adjustment of status to become a lawful permanent resident (green card holder).
Even if a petition for Special Immigrant Juvenile Status has been approved, the applicant must not leave the United States. There is a risk that the juvenile will not be readmitted to the United States at a port of entry until they have been granted permanent resident status. In fact, they may be barred from re-entering the country for three or ten years, depending on how long they were previously in the United States unlawfully. To be safe, an applicant for Special Immigrant Juvenile Status should not leave the United States until they have received their green card. Moreover, iIf the applicant is considering marriage, they must wait until Form I-360 is approved.
Updates to Policies Regarding Special Immigrant Juvenile Status
As of May 2022, USCIS has implemented new policies to help protect children who are eligible for Special Immigrant Juvenile Status. One important update involves protecting petitioners who might otherwise have aged out of the system while their application for SIJS is pending. USCIS is also making changes to regulations regarding evidentiary requirements to make the program more efficient, ensuring that it actually helps the children it is intended to protect.
To learn more about Special Immigrant Juvenile Status or to get help with the multi-step process involved in getting SIJS protection, contact our law office to schedule a consultation.
Categories: Immigration Law