Special Immigrant Juveniles
Special Immigrant Juvenile (SIJ) classification is an immigration benefit addressing the unique needs of certain vulnerable unmarried noncitizen children in the United States who have been subject to parental abuse, neglect, abandonment, or similar maltreatment under state law.
To establish the child's eligibility for SIJ classification, a juvenile court that has jurisdiction under state law makes determinations (also known as the "SIJ findings" or "state court predicate order") based on state law regarding a juvenile's dependency or custody; the non-viability of reunification of the juvenile with parent(s) due to abuse, neglect, abandonment, or a similar basis under state law; and best interests of the juvenile.
A child with a juvenile court order that contains the required findings may petition USCIS for SIJ classification by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with a certified copy of the juvenile court order and other supporting documentation before turning 21.
SIJ classification is intended to provide protection and a pathway for these vulnerable children to apply for lawful permanent resident status (get a Green Card) once an immigrant visa in the employment-based fourth preference (EB-4) is immediately available.
While USCIS relies on the state court’s SIJ findings to evaluate a juvenile’s eligibility for SIJ classification, the authority to decide on an SIJ petition and lawful permanent residence application rests solely with USCIS.
Given the time-sensitive nature of SIJ classification, the vulnerability of children in juvenile court proceedings, and the potential complexities in the SIJ process, it is critical to consult with an experienced SIJ attorney promptly to screen for eligibility for SIJ classification to request and obtain the state juvenile court’s predicate order, and to petition for SIJ classification with USCIS before aging out of eligibility or encountering other potential issues that could lead to missed opportunities.
To learn whether you qualify for SIJ classification and to find out how ImmiThrive Law Firm can help you throughout the entire SIJ process, book your consultation now.
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Special Immigrant Juveniles
Special Immigrant Juvenile (SIJ) classification is an immigration benefit addressing the unique needs of certain vulnerable unmarried noncitizen children in the United States who have been subject to parental abuse, neglect, abandonment, or similar maltreatment under state law.
To establish the child's eligibility for SIJ classification, a juvenile court that has jurisdiction under state law makes determinations (also known as the "SIJ findings" or "state court predicate order") based on state law regarding a juvenile's dependency or custody; the non-viability of reunification of the juvenile with parent(s) due to abuse, neglect, abandonment, or a similar basis under state law; and best interests of the juvenile.
A child with a juvenile court order that contains the required findings may petition USCIS for SIJ classification by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with a certified copy of the juvenile court order and other supporting documentation before turning 21.
SIJ classification is intended to provide protection and a pathway for these vulnerable children to apply for lawful permanent resident status (get a Green Card) once an immigrant visa in the employment-based fourth preference (EB-4) is immediately available.
While USCIS relies on the state court’s SIJ findings to evaluate a juvenile’s eligibility for SIJ classification, the authority to decide on an SIJ petition and lawful permanent residence application rests solely with USCIS.
Given the time-sensitive nature of SIJ classification, the vulnerability of children in juvenile court proceedings, and the potential complexities in the SIJ process, it is critical to consult with an experienced SIJ attorney promptly to screen for eligibility for SIJ classification to request and obtain the state juvenile court’s predicate order, and to petition for SIJ classification with USCIS before aging out of eligibility or encountering other potential issues that could lead to missed opportunities.
To learn whether you qualify for SIJ classification and to find out how ImmiThrive Law Firm can help you throughout the entire SIJ process, book your consultation now.