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WHAT YOU NEED TO KNOW ABOUT SIJS

November 1st, 2024 upmubanii Posted in Uncategorized | No Comments »

WHAT YOU NEED TO KNOW ABOUT SIJS

Special Immigrant Juvenile Status (SIJS) is an immigration classification that provides a pathway to legal permanent residence in the United States (U.S.) or a green card for young people who have been “abandoned, neglected or abused” by one or both parents.

There are important requirements to take into consideration before applying for SIJS:

  1. SIJS is an option for you if you are under the age of 21 and unmarried, in some states you can only apply if you are under 18.
  2. You need a responsible adult to have legal authority to care for you and this person must reside with you.
  3. You cannot be married
  4. It is a requirement to be studying

How does the process for SIJS work?

  • First you have to apply to USCIS by filing I-360 and I-485 forms;
  • Have a case or be able to open a case in a State Juvenile Court; the court must determine that you are not able to live with one or both of your parents because they abandoned, abused, or neglected you; the juvenile court must determine that it would not be in your best interest to be returned to your country of origin because of the abuse you suffered.

Here are some examples of the types of situations in which young people might be eligible for SIJS:

  • Jose migrated to the U.S. on his own at the age of 15. He is from El Salvador. Since he was little, his father regularly beat up his mother in front of him. His father never hit him but he would threaten to hit him if Jose tried to stop him from beating his mom. Jose may be eligible for SIJS based on the domestic violence between his parents and the threats of harm he experienced.

  • Jessica came to the U.S. with her mom when she was eight years old. In her country of origin, his dad regularly hit her with a belt. His dad struggled with alcohol abuse and became violent anytime he drank. Jessica may be eligible for SIJS based on the abuse she suffered at the hands of her father.

  • Raul’s parents brought him to the U.S. when he was twelve years old. When he was fourteen, his father, who was his family’s breadwinner, passed away. Raul’s mother struggled to provide for the family after her husband died. Raul may be eligible for SIJS based on the death of his father, which a juvenile court judge may determine if this scenario can be considered abandonment.

  • Ana came to the U.S. with her grandmother at the age of 4. They have not received any support or care from her mother since migrating, other than a few brief phone calls. Ana´s mom was very young when she got her and she left her with her grandma. Ana may be eligible for SIJS, as a juvenile court judge may determine that they cannot reunify with their mom due to abandonment.

Benefits once your petition for SIJS has been filed:

  • ICE should not take enforcement action against someone with a pending SIJS petition. In other words: ICE will not arrest or deport someone if they have a pending petition;
  • Under ICE policy, ICE attorneys should exercise “prosecutorial discretion” to agree to dismiss deportation/removal proceedings against young people with pending SIJS petitions.

Benefits once your petition for SIJS has been approved:

  • If USCIS approves your petition, it will then consider whether to grant you deferred action while you wait for a visa to be available;
  • Deferred action based on SIJS provides protection from deportation and eligibility for a work permit for four years. (It is renewable if you are still waiting for a visa).

Benefits once your green card application has been approved:

  • Permission to live and work in the U.S. indefinitely
  • Eligible to apply for federal financial aid or some public benefits (depending on the state you live).
  • After 5 years as a green card holder (and if you are at least 18 years old), you can apply for U.S. citizenship.

After reading this, If you think there’s any chance you might qualify for SIJS, do not wait to speak with an experienced immigration attorney.

We are always happy to serve you,

The Law Offices of Uzoma Ubanii PLLC

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