Children, under the age of 18 years, as abused victims are protected under Immigration Law. In addition to VAWA protection, minor children who suffered abuse, neglect or abandonment can seek Special Immigrant Juvenile Status (SIJS or SIJ).
Children entering the United States can request SIJS immigration status if they suffered abuse, neglect or abandonment from one or both parents abroad. These children may also be eligible to independently claim Asylum.
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.
Lawful Permanent residence is granted based on agency discretion. The relief is granted if the child is still unmarried on the date the green card approved.
The process green card is lengthy and takes several years. Employment authorization may be granted upon approval of the petition.
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 can seek protection from removal as a prosecutorial discretion.
SIJS minors can obtain employment authorization as an added relief.