The juvenile immigration petition process is notably intricate, involving state juvenile court proceedings and federal immigration law. Navigating both systems can be overwhelming, but a Chicago family-based immigration attorney provides the necessary expertise to simplify it and help ensure the best possible outcome.
Special Immigrant Juvenile Status (SIJS) offers a crucial pathway for immigrant minors in the United States seeking safety and security. SIJS is a protective measure that shields children and youth who have experienced abuse, abandonment, or neglect by one or both parents.
Origins of Special Immigrant Juvenile Status
Close to 100,000 unaccompanied immigrant minors arrived in the United States in 2024; some hoped to reunite with their families, while others were escaping dangerous circumstances within their families. Special Immigrant Juvenile Status was created by Congress in 1990 to protect and assist minors as part of the Immigration and Nationality Act.
SIJS is specifically for children and youth who have experienced abuse, neglect, or abandonment by their parents. Further, SIJS offers safety and assistance to minors whose parents are deceased, incarcerated, unable to provide care due to illness, or experiencing other challenging circumstances.
Before SIJS, the legal protections of vulnerable immigrant minors were limited. SIJS was designed to humanely assist children and youth facing difficult circumstances with the understanding that they deserve special consideration.
Special Immigrant Juvenile Status Requirements
Qualifying for SIJS includes several key requirements. An applicant must:
- Be under 21 years of age
- Currently live in the United States
- Be unmarried
- Have a valid juvenile state court order that confirms they cannot live with either or one of their parents due to abuse, neglect, or abandonment
- Be eligible for USCIS consent due to requesting relief from the juvenile court and not solely seeking immigration benefits
- Have written consent from the Department of Health and Human Services (HHS)/Office of Refugee Resettlement (ORR) if the applicant is currently in the custody of HSS and the juvenile court changes your custody status or placement
A family-based immigration law firm plays a crucial role in the SIJS process. They offer guidance through complex requirements, ensure all necessary documents are prepared and filed correctly, and provide representation in court proceedings. Their expertise can significantly increase the chances of a successful SIJS application.
Special Immigrant Juvenile Status Process
Filing juvenile immigration petitions requires attention to detail, timeliness, and an understanding of the SIJS processing system. Obtaining SIJS is particularly challenging because it involves working with a juvenile state court and navigating the federal immigration system.
Throughout the process, it is essential to:
- Remain unmarried
- Keep copies of all documents
- Meet all deadlines
- Alert USCIS of any changes in address
Hiring a Chicago immigration attorney is also highly recommended. Scott D. Pollock & Associates, P.C. provides legal support for unaccompanied minors by strictly adhering to the SIJS process and requirements.
Step 1: Juvenile State Court Proceedings
A juvenile state court makes decisions that follow state law regarding juveniles’ dependency, custody, and care. Eligibility for SIJS is predicated on the state court finding the minor has been abused, abandoned, or neglected by one or both parents. In addition, the court must find that it is not in the minor’s best interest to return to their home country.
During state court proceedings, a family-based immigration attorney will present the case to the judge with evidence that demonstrates the minor’s abuse, abandonment, or neglect.
Evidence might include:
- Testimony from the child
- Testimony from family members
- Witness affidavits
- Medical records
- Police reports
- Social worker reports
- Teacher statements
- Other forms of evidence demonstrating abuse
Step 2: Petition for SIJS Classification
Petitioning for SIJS classification involves filing specific forms and supporting documentation to USCIS:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Evidence of your age, such as a birth certificate, passport, or an identity document issued by a foreign government
- Valid juvenile court order
- Written consent from the U.S. Department of Health and Human Services Office of Refugee Resettlement if you are in HHS custody and the juvenile court order also changes your custody or status
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you are represented by an attorney or other accredited representative
Step 3: Petitioning for a Green Card Based on SIJS Classification
If approved for SIJS classification, the minor may be eligible to apply for lawful permanent residence—more commonly known as a Green Card—by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Due to visa caps, only a certain number of approved SIJS applicants are granted lawful permanent residence each year. While awaiting Green Card approval, USCIS typically grants deferred action for four years.
If granted deferred action, the juvenile can apply for employment authorization by filing Form I-765, Application for Employment Authorization. One of our skilled attorneys can guide minors through the green card process.
Legal Support for Juvenile Immigrants
Scott D. Pollock & Associates, P.C., is deeply committed to supporting children and youth who need immigration assistance. We understand that unaccompanied minor immigration cases are challenging due to the involvement of state and federal law, but our experienced lawyers are dedicated to providing the necessary support.
Protecting minors who face abuse, abandonment, and neglect is something we take very seriously. Our mission is to compassionately guide and assist children and youth to find a safe and secure home in the United States.
