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Testimonial of a Juvenile Visa or Green Card Based on Special Immigrant Juvenile

Throughout the United States there is a considerable population of children who, from a very early age, have had to face different adverse circumstances, living with parents who are violent and have caused them great harm, or who have been abandoned and left without any shelter. Because of this situation, Congress initially created a special immigration status for youth as a humanitarian measure to help those children who are not citizens of the country. This measure protects all those children who have gone through many hardships and do not have help or support from anyone within the country.

he Special Immigrant Juvenile status, known by its English acronym SIJ, is the means by which minors who live without parents or without one of their parents in the United States can apply for a legal immigration status. This is a petition that can be made when a child in the United States does not have shelter, loses their parents, or loses one of their parents. Being able to apply for this legal status makes it easier in the future to become a permanent resident, which in comparison is much better than asylum or adoption procedures.

Likewise, for a child to apply for this type of immigration status, a juvenile court must first make determinations regarding the care and custody of the minor. This is a process carried out by any court in the United States that has jurisdiction under the law. Similarly, in order to determine whether the child qualifies for this immigration status, it is established whether the minor is dependent, whether the child is eligible for the visa process, and whether it is not in the child’s best interest to be returned to their country of origin.

Where can Special Immigrant Juvenile status be requested?

The first step is for a juvenile court to present the facts stating that the child is in a situation of abandonment, without care from anyone and without shelter, and in this way consider that the child may apply for this immigration status. Likewise, once the juvenile court defines the facts, the child may begin the process of applying for Special Immigrant Juvenile status (SIJ).

This entire application is made with supporting documents that demonstrate the abandonment of the child, the loss of their parents or one of their parents, as well as their condition as a dependent of the state and that it is not in the child’s best interest to return to their country of origin. This classification was first established by Congress in 1990 and provided that all children declared dependents of the state and for whom there is no interest in returning them to their country may qualify for this visa that will provide future benefits.

Benefits of SIJ

How can a youth be eligible for this type of immigration status application?

Be under 21 years of age.
Not be married.
Be within the United States.
It must have been established through a court that the youth cannot live with their parents because they abused the minor, harmed the minor, did not care for the minor, or abandoned the minor.

Important note:

If the minor is 17 years old, they should seek the help of an attorney experienced in the case, since many California state courts cannot provide orders once the minor turns 18. Likewise, having Special Immigrant Juvenile status does not transfer or provide immigration benefits to the parents.

How to file an application to request Special Immigrant Juvenile status.

For the minor to file an application for this immigration status, they must submit certain supporting documents to USCIS. These documents are the following:

Form I-130, which is a form used in cases of being a widow, making an Amerasian petition, or special immigrant petition.
Submit one of the following documents to prove age. These may include:

Valid orders issued by a juvenile court.
If the minor is under custody, they must have written consent from the United States Department of Health and Human Services.
Have Form G-28, which is the notice of appearance as an attorney or accredited representative, in the case of having an accredited attorney.

Questions and Answers about Juvenile Visas

Who qualifies for the juvenile visa?

Any minor under the age of 21 may submit their application together with documents verifying that they have never been married, documents that demonstrate their current age, and juvenile court orders showing that they have suffered abandonment by their parents or harm by one of them and that they are dependent on the state in order not to be returned to their country of origin.

How can the SIJ visa be requested?

If the minor meets all the requirements, they must seek a legal services provider for SIJS who will begin to provide full legal assistance throughout the process. A legal services provider helps gather all the requirements, the necessary documentation, the court order, complete all the forms, and accompany the applicant to immigration appointments.

How long does it take to obtain residency once Special Immigrant Juvenile status is granted?

This process takes approximately three to four weeks after submitting the dependency petition.

What are the benefits of the Special Juvenile Visa?

This type of special status for immigrant youth allows them to become lawful permanent residents in the country and obtain their Green Card. With this Green Card they can live permanently in the United States, work legally, travel outside the United States, receive financial aid for college, and access public benefits such as health care, housing, and public assistance.

Is there any risk in applying for this special status for immigrant youth?

There may be some possibility of having to appear before a family court in order to obtain a court order that supports the application. However, if immigration denies the SIJ visa application, the person could enter deportation proceedings. Because of this, it is very important to speak with a SIJS legal services provider before submitting the application.

If I do not meet all the requirements to apply for Special Immigrant Juvenile status, can I obtain a Green Card and become a resident of the country?

If you do not meet all the requirements to apply for this legal status, you may obtain a Green Card through other methods such as sponsorship from another family member, adoptive parents, asylum, marriage, or you may apply for a U visa if you are a victim of abuse or domestic violence. It is also recommended to speak with a SIJS legal services provider to evaluate possible options.

If you or a loved one have a minor in your home who does not have legal status and this minor meets the requirements described above, that minor may qualify for a juvenile visa. Seek legal help. Our immigration attorneys can assist you. Call us for a free legal consultation!

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