Special Immigrant Juvenile Status Lawyer
Understanding and Support from Experienced SIJS Lawyers
Children, teens, and young adults facing immigration challenges in the U.S. may be eligible for relief by gaining classification as a Special Immigrant Juvenile or SIJ. Once someone has been classified as an SIJ and has received a Special immigrant juvenile visa, they can often apply for a Green Card and become lawful permanent residents of the U.S.
Pursuing this form of immigration relief can be challenging because it forces a young person to recount traumatic moments in their life. At Odunlami Law, we help people pursue special immigrant juvenile status by making the most effective arguments and presenting compelling evidence while still respecting the privacy and emotional fragility of the families involved.
As immigrants ourselves, we know the journey can be painful and frustrating, and we want to ease the burdens whenever possible.
Special immigrant juvenile status is a classification made available by immigration authorities to help and protect young people who have been abused, neglected, or abandoned by at least one parent. This classification is only available for people under the age of 21 who are currently located in the U.S.
Gaining SIJ immigration status protects a young person from deportation. It can enable them to remain in the U.S. permanently as a lawful resident with a Green Card. There are many young people without legal status who are not able to do many of the things native-born teens take for granted, such as getting a driver’s license, working at a job, or applying to college. When they are able to receive SIJ status, it can open a whole host of opportunities to live a full life. At Odunlami Law, we believe it is critical for all young people who qualify to be made aware of this pathway to obtain a Green Card before it is too late and the option is no longer available.
Who Qualifies for SIJS?
To gain status as a special immigrant juvenile, the person petitioning for SIJS must meet the following SIJS requirements:
- Under the age of 21 at the time of filing the petition (in some states, because a juvenile court determination is required, the person applying must be under 18 or 19)
- Living in the U.S. at the time of filing the petition and at the time a decision is made
- Unmarried at the time of filing the petition and at the time a decision is made. (If the person applying was married previously but is widowed or divorced at the time of seeking SIJ classification, that is allowed.)
- Declared dependent on the court or in the custody of a state agency or someone appointed by the court (such as in foster care)
- Not able to be reunited with one or both parents due to abuse, abandonment, neglect, or a similar basis (the abuse, abandonment, or neglect does not have to have occurred in the U.S.)
- Under determination by the state court that it is not in their best interests to return to the country of origin or the country where they or their parents last habitually resided
In addition, the young person seeking SIJ status must have sought an order from the state juvenile court to obtain relief from abuse, abandonment, or neglect and not just as a means to obtain immigration benefits. If the young person is in the custody of the U.S. Department of Health and Human Services and the order from state juvenile court would change that custody, then that young person may need written consent from the Department as well.
The Process Begins in State Family Court
Because a young person seeking SIJ status needs a court order with a finding of abuse, abandonment, neglect, or a similar issue, the process of seeking SIJ classification must begin in state court. The definition of what is considered abuse, abandonment, or neglect will be determined based on state law. For instance, in New Jersey, the death of a parent is considered abandonment, so if a young person has lost a parent, that could provide grounds for SIJ classification. The non-abusive parent can bring or participate in the case.
Once your petition is filed, the court will schedule a hearing—a pivotal moment in your case. Here, a judge will listen to testimonies and review all evidence presented to determine if you have truly experienced abuse, abandonment, or neglect. If the judge finds that going back home could put you in danger, it strengthens your case for SIJ status significantly.
Because family courts are often backlogged, it is important to start the process well before the time when the young person reaches the age of 21 (or the age for the state where they live.)
What Documents Are Necessary for SIJS Filing?
After successfully obtaining the court order, you will need to gather the following documents for your SIJS application:
- A copy of the juvenile court order: Document establishing the key SIJS findings, confirming that returning to your home country would not be safe.
- Birth certificate: A certified copy to confirm your age and identity.
- Passport: If you have one, include a copy for extra identification.
- Any other supporting documentation: Include any additional documents that may be relevant to your case. This can consist of letters from teachers, social workers, or counselors, school records, medical records, or any other evidence that helps paint a clearer picture of your situation and supports your claims of abuse, neglect, or abandonment.
Collecting the right documents for your SIJS application is a key step in securing your future in the U.S. Taking the time to prepare everything carefully can really boost your chances of a positive outcome. If you have any questions or need support along the way, don’t hesitate to reach out to one of our legal professionals who can help at any stage of this process.
After successfully obtaining the court order, you will need to gather the following documents for your SIJS application:
- A copy of the juvenile court order: Document establishing the key SIJS findings, confirming that returning to your home country would not be safe.
- Birth certificate: A certified copy to confirm your age and identity.
- Passport: If you have one, include a copy for extra identification.
- Any other supporting documentation: Include any additional documents that may be relevant to your case. This can consist of letters from teachers, social workers, or counselors, school records, medical records, or any other evidence that helps paint a clearer picture of your situation and supports your claims of abuse, neglect, or abandonment.
Collecting the right documents for your SIJS application is a key step in securing your future in the U.S. Taking the time to prepare everything carefully can really boost your chances of a positive outcome. If you have any questions or need support along the way, don’t hesitate to reach out to one of our legal professionals who can help at any stage of this process.
The SIJS Application & Approval Process
With your Special Findings Order from the state family court in hand, you can move forward by filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This form formally requests SIJ classification based on the findings from the family court.
USCIS will carefully review the I-360 and the supporting evidence to assess whether the young person qualifies for SIJS. Following the submission, USCIS may request additional information or schedule an interview if they need clarification on certain aspects of the case or if any documentation is incomplete.
If USCIS approves the I-360 petition, the next step for the young person is to file Form I-485 which is the application for adjustment of status. This is a major milestone because it is the step that leads to becoming a lawful permanent resident. With this approval, not only does the young person gain the stability and security of knowing they won’t face deportation, but they can also apply for a work permit, opening the door to opportunities for their future.
How Long Do I have to File for SIJS?
The timeline for filing for Special Immigrant Juvenile Status (SIJS) depends on your state’s age limit. In most states, including New Jersey, you must be under 21 years old to apply. However, some states, such as Arizona and Arkansas, have a stricter limit of 18 years old. In these states, if a child does not secure a court order by their 18th birthday, they will “age out” and lose the opportunity to apply for SIJS.
If you or someone you know is nearing these critical age limits, reach out to an SIJS lawyer at our firm for assistance with the SIJS process. We will ensure that your case is handled with care and urgency.
Odunlami Law Helps Applicants Gain SIJS and Their Green Cards
Young people can gain lawful status through SIJ classification regardless of how they entered the U.S. It doesn’t matter if they overstayed a student visa, crossed the border illegally, or violated immigration provisions in some other way. However, it is important to begin the process of seeking SIJS before they become too old. If you or someone you know might qualify for SIJ status, we urge you to contact the team at Odunlami Law.
We have considerable experience with these cases and know how to work effectively to gain SIJS and a Green Card for young people. Schedule a consultation with a New Jersey immigration lawyer today. While we primarily serve clients in New Jersey, we are proud to support immigrants nationwide.
Your journey towards safety and legal stability starts here.
Take the first step toward a brighter future.
Testimonials
Video Testimonials
Our Location
Odunlami Law Firm, LLC. |
- 14 Ridgedale Avenue, Suite 209, Cedar Knolls, NJ 07927
- (973) 993 1900
- support@odunlamilaw.com
Follow Us
Do You Need Legal Representation?
We help fellow immigrants get legal status so they can live without fear: do it right the first time by using an experienced immigration attorney. Our team represents immigration clients who live in all fifty states and abroad, we speak English, Spanish, Haitian Creole, and French.
Copyright © 2024