SIJS (Special Immigrant Juvenile Status)

The SIJS law in the United States was established to protect immigrant juveniles who were at risk of being removed or deported. This law is there for juveniles if one or both of their parents neglect, abuse, or have abandoned them in some way. SIJS can also apply to situations where parents are unable to care for their children, so it does not only apply if they are bad parents.

If you are granted special immigration juvenile status, you become a lawful permanent resident and are allowed to live and work permanently in the United States. You can also travel in and out of the U.S. as you wish.

Depending on the details of your case and why you are seeking special immigrant juvenile status, different courts may oversee this process. Because of this, your case could become the responsibility of either probate court or family court.

SIJS Requirements

To apply for special immigrant juvenile status, you have to meet the very specific requirements to even be considered. The most important requirement is that you are younger than 21 years old, and you also have to live in the United States at the time that you file. You also cannot be married at the time that you file or be in the process of getting married.

To be considered for SIJS, you also have to show that you deserve to become a lawful permanent resident. Criminal convictions can make this difficult. However, most juvenile delinquencies do not count as criminal convictions and will not be considered.

You also need to have an order from a juvenile court to support your application for SIJS. The order should say that you cannot live with both of your parents because they abused, neglected, or abandoned you in some way. It should also say that someone else currently has custody of you, and it will not be in your best interest to return to your home country.

An immigration lawyer can help you get everything you need to prove that you qualify for special immigrant juvenile status. If you are navigating this process on your own, they can also provide the support and expertise you will need to get the best result.

Single Parent SIJS and Emergency SIJS

There are more specialized situations where SIJS will be handled slightly differently. For instance, single parent SIJS is when the case of abuse, abandonment, or neglect is against only one parent. The child will reside with the non-offending parent, making this a single parent case.

Emergency SIJS is where the situation is urgent and the juvenile is at great risk of being deported or removed. In these types of situations, an immigration lawyer can petition for an emergency SIJS, granting the juvenile residency before they are removed.

How Does a Southern California Immigration Lawyer Help?

Hiring a Southern California immigration law firm is a critical part of applying for SIJS. An immigration attorney is experienced in this area and can help you every step of the way between filing, communicating, and dealing with any issues that may come up.

Is especially helpful to have an immigration attorney on your side if there are any extenuating circumstances regarding your case. For instance, an attorney can help you if the situation is an emergency or if you need a single parent SIJS while you reside with the non-offending parent.