Juvenile status for immigrants: What is it about?

estatus juvenil

The juvenile status, also known as SIJS, is an important legal resource for immigrant youth in vulnerable situations. That is why, together with the specialists of Zava Immigration Law Group, we will explain everything you need to know about special immigrant juvenile status.

What is Juvenile Status?

Juvenile status (SIJS) is an immigration benefit for migrant youth who have been abused, abandoned, or neglected with a juvenile court order. This designation also provides the possibility of seeking permanent residency if certain requirements are met.

However, the process can be extremely complex, so it is advisable to seek the assistance of an immigration attorney. Don’t take unnecessary risks dealing with the immigration system on your own. Talk to one of our professionals today and get the quality legal advice you deserve.

What are the benefits of Juvenile Status?

The special immigrant juvenile status grants a number of important immigration benefits to young migrants who have suffered mistreatment or abuse. Some of the most important are:

  • Access to a path to permanent residency in the U.S.
  • Authorization to work legally in the country.
  • Possibility to apply for a Green Card through Form I-485.
  • Protection against deportation while in status.
  • Opportunity to access education and other services available to permanent residents.
Special immigrant juvenile status can be a lifesaver for many young migrants in difficult situations.
Special immigrant juvenile status can be a lifesaver for many young migrants in difficult situations.

Don’t let the complexities of the immigration system prevent you from accessing the benefits of juvenile status. At Zava Immigration Law Group we can help you. Tell us your case today and take the first step towards a better life with special immigrant juvenile status.

What are the requirements to apply for Juvenile Status?

To apply for juvenile status, you must meet specific requirements. In the following table you will find the basic requirements for submitting your application:

RequirementCompliance
Be under 21 years of ageAt the time of filing the SIJ petition (Form I-360)
Currently reside in the U.S.When you file your application and at the time USCIS makes a decision on your petition.
Being singleAt the time you file your application and at the time USCIS makes a decision on your petition.
Have a court order from a state courtDetermination of dependency or custody, with evidence of a difficult family situation. (Under 18 years of age in some cases)
Eligibility for USCIS ConsentSeek court order for protection, not for immigration benefit at time of USCIS decision
Department of Health and Human Services (HHS)/Office of Refugee Resettlement (ORR) ConsentIf you are in HHS custody and the court order changes your status or custody, at the time of the USCIS decision

What is the process for obtaining Juvenile Status?

The process for obtaining special immigrant juvenile status in the United States can be summarized in the following steps:

Step 1: Determine the child’s eligibility

First of all, it is necessary and extremely important to make sure that the minor in question meets all of the requirements necessary to obtain juvenile status described above.

Step 2: Obtain a court order

Once this is done, the second step is to obtain a court order issued by a state juvenile court in the United States that determines the following:
– That the child is a dependent of the court, or is in the custody of a state agency or department, a person or entity designated by the court.
– That the child cannot be reunited with either parent due to the existence of abuse, neglect, maltreatment or similar cause under state law.
– That returning to your country of nationality or your last habitual residence or that of your parents is not in your best interest.

Step 3: Family reunification

After obtaining the court order, you must show that there is a reasonable possibility of reunification with at least one parent. If both parents are deceased or have lost custody for any of the above reasons, the child must show that reunification is not possible.

Step 4: Filing the I-360 Petition

Once the child has a court order and has demonstrated the existence or impossibility of family reunification, the child must complete and file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS.

Step 5: Interview with USCIS

After reviewing Form I-360, USCIS will schedule the minor (along with his or her parents or guardians, if necessary) for an interview with an immigration officer. They will review the details of the request and verify the information provided.

Step 6: Approval and status adjustment

After the interview, and upon reviewing that your Form I-360 is in order, USCIS will approve your application for juvenile status. With his or her juvenile status approved, the minor could access the Deferred Action for Childhood Arrivals (DACA) program and even apply for an adjustment of status to obtain a Green Card.

Juvenile status could be the first step toward permanent residency and even U.S. citizenship.
Juvenile status could be the first step toward permanent residency and even U.S. citizenship.

Please note that the application process for juvenile status may vary depending on the particular circumstances of your case. For this reason, it is essential to have the help of an immigration attorney to guide you through the entire process. Contact our attorneys at Zava Immigration Law Group today and get the legal help you need.

What documents do I need for my Juvenile Status application?

In order to obtain special immigrant juvenile status, you must present the following documentation:

  • Form I-360Petition for Amerasian, Widow(er), or Special Immigrant.
  • Proof of age: birth certificate, passport or other official document proving age.
  • Valid state court order(s) showing dependency or custody with factual basis and court protection for abuse, neglect or similar circumstances.
  • Written consent from the Department of Health and Human Services (HHS) or the Office of Refugee Resettlement (ORR) if you are in HHS custody and the court order changes your status or custody.
  • Form G-28 Notice of Appearance as Attorney or Accredited Representative if you have legal representation.

Please note that some cases require additional documentation. Therefore, it is important to have an immigration attorney to help you gather all the necessary documents. At Zava Immigration Law Group we can assist you. Contact us today and let’s get your paperwork in order.

How long can it take to process my Juvenile Status application?

The process of applying for special immigrant juvenile status generally takes about 180 days (approximately six months) from the date of official filing of Form I-360. However, this time frame may vary depending on individual circumstances and USCIS workload.

Why can the application for Juvenile Status be denied?

An application for juvenile status may be denied. Some of the most common reasons are:
– Failure to meet the eligibility requirements established by USCIS.
– Lack of documents or evidence necessary to support the request.
– Failure to demonstrate dependency or custody as required by state court order.
– Failure to meet specific eligibility criteria, such as age or marital status at the time of filing.
– Failure to obtain necessary consent from entities such as the Department of Health and Human Services (HHS)/Office of Refugee Resettlement (ORR) in certain cases.
– Failure to demonstrate that seeking judicial protection was not primarily intended to obtain immigration benefits.

Is it possible to appeal a denial of Juvenile Status?

Yes, it is possible to appeal a denial of special immigrant juvenile status by filing a motion to reopen or reconsider your case. However, you must submit it within a specific time limit, including new arguments or relevant evidence to support your request.

Can I obtain Juvenile Status if I have a criminal record?

Depending on the nature and seriousness of the crimes committed, as well as individual circumstances, USCIS may deny your application based on your criminal history.

However, this varies according to the crimes committed. Therefore, it is important to seek legal advice to assess how they may affect your eligibility for juvenile status.

What happens after my Juvenile Status application is approved?

After approval, you can apply for adjustment of status and obtain your Green Card using Form I-485. You will obtain work authorization and protection from deportation. In addition, he or she may also be able to access permanent resident benefits and continue on the path to citizenship.

An attorney may be able to assist you with any difficulties that arise with your application for juvenile status.
An attorney may be able to assist you with any difficulties that arise with your application for juvenile status.

As we have seen, youth status can be a real lifeline for many young migrants in vulnerable situations. It not only provides protection to a highly vulnerable sector, but also the opportunity to start a better life. However, the process can be long and overwhelming for anyone.

For this reason, it is extremely important to have an immigration lawyer to support you and accompany you through every step of the process. Do not be intimidated by the difficulties of the immigration system. At Zava Immigration Group we are here to help you. Contact our professionals and take the first step towards a better life in the United States.

Sources

USCIS – Special Immigrant Juvenile Special Immigrants

USCIS – I-360, Petition for Amerasian, Widow(er), or Special Immigrant

other Resources

SIJS: Complete Guide To Eligibility And Criteria

Approved Juvenile Status: How To Embark On The Road To Permanent Residence

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