According to the Immigration and Nationality Act Section 101, the designation of special immigrant juvenile status refers to immigrants in the U.S. who:
The special immigrant juvenile status (SIJS) provides alien children without a parental guardian a pathway to acquire a green card. The SIJS designation allows non-citizen children a means to receive federal and state benefits, if necessary. The SIJS rule serves to protect children and provide them stability. However, any child under the SIJS program cannot petition for a green card for their parents. However, they can apply for siblings once they reach 21 years old. Minors in the SIJS program will have a chance to become naturalized citizens after five years.
In order to grant special immigrant juvenile status, there must be a court order determining that you:
Juveniles accepted for the status must also be under 21 years old, and they cannot be married. They must also be in the United States and fill out Form I-360 with the USCIS. As such, any alien seeking SIJS must go through state law and the juvenile court system. That is why it is imperative to have an attorney experienced with family law and immigration court. Our team of Fairfax immigration attorneys provides award-winning legal services and has a deep commitment to public service.
It is important to note that obtaining SIJS does not grant one citizenship. Instead, gaining special immigrant juvenile status accords access to a path to receiving a green card and, later, residency or citizenship. Immigrant minors who receive SIJS can change their residency status to permanent and apply for work in the U.S. After five years of being a lawful permanent resident, the individual can apply for U.S. citizenship. An experienced immigration attorney can also help you take the next steps after receiving SIJS.
Expect a long and complex process to receive special immigration juvenile status. You must provide extensive documentation and follow the exact steps to petition your case to the court. Overall, the SIJS process spans two court systems: the juvenile court and the immigration court. An experienced immigration attorney can help you apply for SIJS and navigate the complexities of the court. Among other things, an SIJS attorney can:
Claims of asylum can also complicate SIJS claims. You need to have a qualified SIJS attorney to facilitate the process. At Henson, Pachuta, and Kammerman, our goal aims to help immigrants explore all possible options for the immigration and SIJS process.
Immigration court can be complicated and requires documentation, paperwork, and court appearances. Our team of attorneys at Henson, Pachuta, and Kammerman have helped immigrant families petition their case to the court. So if you need a special immigrant juvenile status petition attorney in Fairfax, VA, contact us or call us today at (703) 822-4701 to receive a case evaluation.