Special Juvenile Status is an immigration classification that may allow for these vulnerable children to apply immediately for lawful permanent resident status.
You must be under 21 yrs old, unmarried to file a petition of Special Juvenile Status. You cannot be reunified with one or both of your parents because of ANY of the following:
It is not in your best interests to return to the country of nationality or last habitual residence of you or your parents.
You do not have to be in legal status to file the SIJ. The first step is to obtain a juvenile court order that contains the required findings. The second step is to apply to USCIS by filing USCIS forms and paying any corresponding fees. You might need to attend the interviews with USCIS. If you get green card through Special Juvenile Status, you cannot file a family petition I-130 with USCIS to help your parents or siblings with the adjustment of status. Other than these constraints, Special Juvenile Status is a very good way for children and teenagers to get legal status in the United States.
Our law firm has been very successful in helping children and teenagers obtain the Special Juvenile Status. Our family attorneys accompanied the guardian and children to the family courts to represent them in the proceedings. So far, we have done cases in New York County, Queens County, Nassau County, Orange County, Middlesex County (NJ), Hudson County (NJ), and Mercer County (NJ).
Our law firm is also affiliated with out-of-state attorneys to help those who live in different states to obtain the Special Juvenile Status.
The Special Juvenile Status does not require the guardian to have legal status or have a stable income. Unlike the family immigration petition, there is no income requirement for the guardian. Although the US Supreme Court ruled that the Department of Homeland Security can now implement their new rule relating to "public charge," the Special Juvenile Status is not impacted by this public charge rule.
That means those who apply for Special Juvenile Status do not need to worry about use of financial aid, Medicaid/Medical and other public benefits.
For those in removal proceedings or those who have received the prosecutorial discretion, filing a new petition based on this category may enable them to terminate the removal proceeding and adjust their status. For those who have received a removal order, filing a new petition may enable them to reopen the case and adjust their status.
Whether you are qualified to file a Special Immigrant Juvenile Case depends on many factors. If you need a case evaluation, please call us immediately.