Boston Special Immigrant Juvenile Status Attorney
Special Immigrant Juvenile Status is a form of relief under the U.S. Immigration Laws that helps certain undocumented children in the state juvenile system to obtain lawful immigration status. Persons under the jurisdiction of a juvenile court who are “deemed eligible for long-term foster care” may be able to obtain special immigrant juvenile status and based on that apply for legal permanent residency (a green card). To do this, they must submit two applications and meet two sets of requirements, one in the state family court and one in the federal immigration system:
- They must apply for special immigrant juvenile status.
- Based on the special immigrant juvenile application, they must also apply for permanent residency (the green card).
In immigration terminology, applying for permanent residency is called applying for adjustment of status to that of lawful permanent resident.
What Criteria Must Be Met For Special Immigrant Juvenile Status?
The Immigration & Nationality Act provides that an applicant must meet the following criteria to qualify for SIJS:
Juvenile Court Dependency Or Delinquency Proceedings
The applicant either must be a dependent of a juvenile court, or a juvenile court must have had the applicant legally committed to, or placed under the custody of an agency or department of a state. This should include children in delinquency as well as dependency proceedings. A dependency proceeding can also include a child who has been placed in a legal guardianship situation.
Eligibility For Long-Term Foster Care
The child must be “deemed eligible for long-term foster care” by the juvenile court. This phrase means that the court has found that family reunification is not a viable option. Usually at that point, the child will go into foster care, adoption or a guardianship. Thus, the child must be in a permanent placement phase and not reunified with a parent or still going through reunification.
Child’s Best Interest In Remaining In The U.S.
Generally the juvenile court will include in its SIJS order that it is not in the child’s best interest to be returned to their home country. The evidence of this finding may range from a home study conducted by a foreign social service agency or simply interviewing the child to learn that there are no known appropriate family members in the home country.
Court Findings Based On Abuse, Neglect Or Abandonment
A specific finding about “abuse, neglect and abandonment” is required. The juvenile court judge’s order must specifically identify whether abuse, neglect or abandonment was the basis for the dependency or placement order and for deeming the child eligible for long term foster care.
Judicial Order Confirming SIJS Criteria
The juvenile court must sign a special order usually prepared by the child’s attorney stating that all the findings required for SIJS have been met.
Accounting For Any Other Needs
Current immigration regulations require that the applicant remain under the juvenile court jurisdiction until the immigration application is finally decided and the applicant is a legal permanent resident. Some juvenile courts will not retain jurisdiction after age 18. In most jurisdictions, the immigration procedure must be complete prior to the child turning 18.
The Process To Residency
Making Your Court Appearance
When a juvenile is seeking a dependency order from the Probate Court, a hearing is always required. The attorney must prepare paperwork and file it with the State Court and attend a hearing in either the probate or juvenile court in the jurisdiction where the juvenile resides.
Guidance Through Your Legal Permanent Residence Application
Obtaining legal permanent residence through SIJS is a two step process. After the Probate Court grants the guardianship or dependency order, the petition for SIJS status must be filed with the Immigration Service. Along with the application for SIJS, the child must file an application for permanent residency. Besides meeting the above requirements for SIJS, the child must fulfill other requirements that apply to all persons who become legal permanent residents of the United States.
Applicants can be barred from permanent residency if they have done certain “bad acts” in the United States. These are called grounds of inadmissibility. The applicants must show that they are not subject to any grounds of inadmissibility in order to become a legal permanent resident. If they are, they may be eligible for discretionary waivers.
If your case results in lawful permanent residency, the applicant will have the right to live and work permanently in the United States and to travel in and out of the country. While public benefits (welfare/medicare) for some permanent residents have been drastically curtailed, permanent residents are eligible for some benefits initially and more as time goes on. Also, after five years permanent residents can apply for U.S. citizenship.
SIJS Frequently Asked Questions
We understand that these matters can be complicated, and we want to provide you with the answers you need. To help you understand SIJS issues better, we have answered some of the more common answers we receive here:
How do I file an SIJS case for a minor?
To file an SIJS case, you must first obtain a dependency order from the juvenile court. Next, you will need to file Form I-360 and Form I-485 (the SIJS petition and application for permanent residency) with the U.S. Citizenship and Immigration Services (USCIS).
Can a minor with a removal order still win SIJS?
Yes, a minor with a removal order can still apply for and potentially be granted SIJS. The SIJS process works even when the applicant has a removal order. Generally, after SIJS approval the applicant will ask the Court to remove the removal order so the applicant can apply for permanent residency.
Can you still file for SIJS over the age of 18 in Massachusetts?
Yes, you can file for SIJS after the age of 18 in Massachusetts. However, the court will need to maintain its jurisdiction until the application is processed, and the applicant must be under 21 and unmarried.
What forms are needed to file for SIJS?
The primary forms needed to file for SIJS are:
- Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-485: Application to Register Permanent Residence or Adjust Status
The I-360 is for the petition of the SIJS status and the I-485 applies an adjustment to the status of a lawful resident with permanent status.
How long does it take for approval of the I-360 form?
The processing time for Form I-360 can vary, though it commonly takes a few months. The USCIS website can also provide a more accurate estimate. After approval of the Form I-360, there will likely be a waiting period until the applicant is able to apply for the green card itself. During that waiting period, the applicant is usually able to obtain employment authorization.
What if my SIJS request was denied?
If your SIJS request is denied, you have the right to appeal the decision or attempt to reopen or reconsider the case by filing a motion. Our special immigrant juvenile status lawyers can help you explore the best course of action for your needs.
Let’s Get Started On Your Immigration Petition
If you have been the victim of crime or abuse either abroad or in the U.S., our SIJS Boston lawyers want to help you. Call our office at 617-855-0444 or send us an email to schedule a confidential consultation.