Introduction: In the realm of immigration law, the Special Immigrant Juvenile Status (SIJ) stands as a crucial pathway for undocumented immigrants under the age of 21 who have faced abuse, neglect, or abandonment by one or both parents. In this blog post, we delve into the intricacies of SIJS, breaking down its eligibility criteria, benefits, and the two crucial stages involved in obtaining this sought-after immigration classification.

1.Understanding Special Immigrant Juvenile Status (SIJ):

SIJ is a legal classification that allows minors to apply for and secure legal permanent residence in the United States. To be eligible, a child must meet specific criteria:

Age and Marital Status: The applicant must be under 21 years old and unmarried.

Dependency Declaration: The child must be declared dependent in a juvenile court. This involves the Family Court taking jurisdiction over a petition addressing the needs of the applicant.

Parental Reunification Unfeasibility: Reunification with one or both parents must no longer be a viable option due to abuse, neglect, abandonment, or a similar basis under state law.

Best Interests of the Minor: It is not in the best interests of the minor to return to his/her country of nationality or last habitual residence.

2. Benefits of Special Immigrant Juvenile Status:

Obtaining SIJS comes with a multitude of benefits, including the waiver of certain inadmissibility factors that might hinder the acquisition of lawful permanent resident status (green card). These waivers encompass unlawful entry, unauthorized work, status as a public charge, and specific immigration violations. Once granted SIJS, the minor can adjust their status to that of a lawful permanent resident, obtain work authorization, and eventually pursue U.S. citizenship.

3. The Two Stages of Obtaining SIJ:

Family or Surrogate’s Court Proceedings:

Custody, adoption, or guardianship proceedings in the county of residence are initiated.

The minor must obtain a “special findings order” from the Family or Surrogate’s Court, declaring eligibility for SIJS.

The order can be obtained through various legal avenues, including guardianship, custody, neglect, adoption, permanency hearing for children in foster care, or PINS (Person in Need of Supervision) proceedings.

Application to USCIS:

After securing the “special findings order,” the minor can then apply to the United States Citizenship and Immigration Service (USCIS) for SIJS.

Conclusion: Special Immigrant Juvenile Status serves as a lifeline for vulnerable young immigrants, offering them a chance at a brighter future in the United States. Understanding the stringent criteria and navigating the two essential stages involved is crucial for those seeking to secure this immigration classification.