What is Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status or SIJS allows permanent residence to undocumented children under 21 who have experienced neglect, abuse or abandonment by a parent and a state court finds that the child should not be returned to return to his or her home country.
Who is eligible for SIJS immigration Benefit
SIJS eligibility is strictly determined by age of the qualifying undocumented child who was under 18 years of age when the child experienced abuse, abandonment or neglect by a parent.
These children may also be eligible to independently claim Asylum.
Juvenile Court Finding is Necessary
A predicate order is required from a state court, where the child resides, finding abuse, neglect, abandonment or similar basis against one or both parents.
SIJS Permanent Residence
Lawful Permanent residence is granted based on the agency discretion. The relief is granted if the child is still unmarried on the date the green card approved.
Benefits and Limitations of SIJS
The process of SIJS based green card is lengthy and takes several years. Employment authorization may be granted upon approval of the petition.
Many SIJS applicants have been placed in removal proceedings following issuance of Notice to Appear before the Immigration Court. Despite timely filing and approval of the SIJS petition, these children must wait for several years before they can be granted permanent residence, because of large number of applicants.
The current government policies recently have become more restrictive and therefore many SIJS approved children are finding themselves in removal proceedings facing risk of removal.
it is important to adopt a careful strategy and early action to avail of the SIJS relief.
Why Legal Guidance Matters in SIJS
There are many instances where eligibility for Special Immigrant Juvenile is lost because the benefit request was not made in a timely manner either due to lack of awareness or due to failure to appreciate its significance. Early consultation with a knowledgeable attorney would help identify eligibility, preserve court findings and avoid preventable delays.
Juveniles who received SIJ classification, USCIS states, may be granted deferred action for four years which makes them eligible to apply for EAD.
Immigration benefits include lawful permanent resident status and lawful work authorization when the green card application is processing.
SIJS approved juveniles in removal proceedings may be able to request protection from removal from the Immigration Court if prosecutorial discretion is not forthcoming.
SIJS minors can obtain employment authorization as an added relief.