Unpacking the Protections of Special Immigrant Juvenile Status

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What is Special Immigrant Juvenile Status?

SIJS is a legal designation in the United States that provides certain protections and benefits to foreign-born minors who have been subjected to severe forms of mistreatment by a parent. The primary aim of SIJS is to safeguard the welfare of these children, ensuring they are placed in a safer environment and are not forced to return to situations where they might face further harm.

Eligibility Criteria for SIJS

To qualify for SIJS, minors must meet several stringent criteria, which serve to ensure that only those truly in need of protection can benefit from this status. The eligibility conditions include:
  • Age Limit: Applicants must be under 21 years old at the time of filing their application and when a decision is made on their case.
  • Residency Requirement: They must be physically present in the United States during the filing process and when a decision is reached.
  • Marital Status: Applicants must be unmarried, both at the time of filing and when the decision is rendered. Previous marriages are permissible, provided the applicant is divorced by the time they apply.
  • Court Dependency: A state juvenile court must have issued an order declaring the minor as dependent on the court, under the custody of child services, or in the custody of an appointed individual.
  • Reunification Impossibility: The court must determine that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar reason under state law.
  • Best Interest Determination: The court must find that it is not in the minor's best interest to return to their country of origin.
It's crucial to note that the state court's order must explicitly include these findings for the United States Citizenship and Immigration Services (USCIS) to approve the SIJS application.

Important Considerations for SIJS Applicants
  • Jurisdictional Limits: Many state courts have jurisdiction over minors only until they turn 18. Therefore, while applicants have until their 21st birthday to file for SIJS, obtaining the necessary court order might need to happen before turning 18.
  • Inadmissibility Waivers: SIJS grants waivers for several grounds of inadmissibility, facilitating the path to lawful permanent residency.
  • Application for Lawful Permanent Residency: Once the priority date is current and the individual meets other admissibility criteria, they can apply for lawful permanent residency.
  • Restrictions on Family Petitions: SIJS recipients cannot include family members in their application and are barred from petitioning for their parents' immigration in the future. However, once they become U.S. citizens, they can petition for their siblings.
The Path Forward

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