Areas of Representation
Special Juvenile Visa
“SIJ” typically stands for “Special Immigrant Juvenile,” which refers to a legal immigration status available in the United States for certain undocumented minors who have been abused, abandoned, or neglected by one or both parents. Special Immigrant Juvenile Status (SIJS) allows these minors to apply for lawful permanent resident status (a green card) in the U.S.
SIJS is not a visa category itself but rather a type of immigration relief that involves several steps, including obtaining a state court order that makes specific findings about the minor’s eligibility for SIJS. This court order establishes that it is not in the minor’s best interest to be reunited with their parents due to abuse, abandonment, or neglect.
The SIJS process includes the following key steps:
1. State Court Proceedings: The minor must first go through state court proceedings to obtain a court order from a state juvenile court. This court order should determine that the minor has been abused, abandoned, or neglected by one or both parents, and that it is not in the minor’s best interest to be reunited with them.
2. Dependency or Custody Order: The state court order should place the minor under the care and custody of a guardian or state agency due to the abuse, abandonment, or neglect by the parents.
3. Application for SIJS: With the state court order in hand, the minor can apply for Special Immigrant Juvenile Status (Form I-360) with U.S. Citizenship and Immigration Services (USCIS). This application is a key step in seeking SIJS and a green card.
4. Approval and Adjustment of Status: If the application for SIJS is approved, the minor can then apply to adjust their status to that of a lawful permanent resident (green card holder) by filing Form I-485. This adjustment of status process involves additional documentation, background checks, a medical examination, and an interview with USCIS.
SIJS is a pathway for vulnerable minors who have experienced abuse, abandonment, or neglect to obtain legal immigration status in the United States. It’s important to consult official USCIS resources or seek legal advice from an immigration attorney if you need accurate and up-to-date information about SIJS and its eligibility criteria.