Special Immigrant Juvenile Status

Legal Immigration Status for children under the age of 21

Antonovsky Gorelik & Associates, PLLC

What is SIJS?

Are you an undocumented child, under the age of 21, residing in the United States without at least one parent? If so, you may be eligible for permanent residence (Green Card) through the Special Immigrant Juvenile Status program. 

The Special Immigrant Juvenile Status (SIJS) provides a path for undocumented children who are residing in the United States and who have been neglected, abandoned, or abused by at least one parent, to obtain lawful permanent residence in the United States.

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    SIJS Requirements

    • To qualify for Special Immigrant Juvenile Status, the applicant must be under the age of 21.
    • To qualify for Special Immigrant Juvenile Status, the applicant must be unmarried.
    • The applicant must have been declared dependent on a juvenile court in the U.S., which generally means that a juvenile court in a state where the child resides, has taken jurisdiction over a petition addressing the needs of the applicant, such as a guardianship petition.
    • The applicant must prove that he/she is unable to be unified with one or both of his or her parents due to abuse, neglect, abandonment, or other similar basis under state law.
    • Finally, the applicant must show that it is not in the best interest of the child to be returned to his or her country of nationality.

    The SIJS Process Stages

    This is a very time-sensitive process, which involves dealing not only with immigration, but also with juvenile court in the state where the child resides. It is very important to get the necessary orders from a local state court authorized to hear juvenile cases and to file all necessary paperwork with immigration prior to the child turning 21 years old.

    An important issue to address is that even though immigration law states that children under 21 years of age are eligible for this immigration benefit, each state has their own rules concerning guardianship and custody of Minors and in some states the cut off age is 18 and not 21, in which case, state court order needs to be obtained prior to child turning 18 years old.

    Frequently Asked Questions concerning this SIJS program

    If a person entered illegally are they barred from applying for this status and obtaining a green card?

    No. There are several grounds of inadmissibility that do not apply to Special Immigrant Juveniles who are applying to adjust status and obtain permanent residence, and those include, entering without inspection and being present in the US unlawfully.

    How long does this process take?

    Although a lot will depend on local state court and how long it takes to get the needed orders, once those are obtained, immigration puts these cases on high priority and tries to review and adjudicate SIJ petitions within 6 months after filing.

    How long before a Green Card is received?

    The time frame for obtaining a green card could vary depending on the country of citizenship of the juvenile applicant. Certain countries do not have visas immediately available, which means that even though a juvenile has already obtained Special Immigrant Juvenile Status, it may be a few years before he/she can apply for and obtain a green card. However, in many cases, one is able to file for permanent residence at the same time as filing for Special Immigrant Juvenile Status and obtain a green card quite quickly.

    Contact Antonovsky Gorelik & Associates to Get Started With Your SIJS Application

    Children are the most vulnerable people and they need experienced and compassionate attorneys who will be able to protect them and guide them through this very difficult and multi-step process. 

    Attorneys at Antonovsky Gorelik & Associates have been successfully helping qualified children obtain SIJ status for many years, holding their hands and guiding them through this uneasy and sometimes very emotional process. 

    Please contact our office today to learn more about this program and to see if you qualify and how we can help. You can contact us by calling our office at +1(786) 288-2228, emailing us at info@agaimmigrationlaw.com or click the button on this screen to schedule an appointment right from your device.

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