Helping Vulnerable Children Find Safety and Stability
Children who have experienced abuse, neglect, or abandonment by a parent may have immigration options that can help them remain safely in the United States.
Special Immigrant Juvenile Status (SIJS) is an immigration classification available to certain children who cannot safely reunify with one or both parents. For eligible children, SIJS can provide a pathway toward lawful permanent residence—a Green Card.
At AH Law Firm PLLC, our immigration attorneys help children, caregivers, and families in Queens and throughout New York understand the SIJS process and navigate both the state court and immigration requirements.
What Is Special Immigrant Juvenile Status?
SIJS is a federal immigration classification created to protect certain immigrant children in the United States who have been abused, neglected, abandoned, or subjected to a similar basis under state law by one or both parents.
Unlike many immigration processes, an SIJS case typically involves both a state court and U.S. Citizenship and Immigration Services (USCIS).
Before applying to USCIS, the child generally needs a qualifying order from a state juvenile court containing specific findings required for SIJS.
Who May Qualify for SIJS?
Eligibility depends on the individual circumstances of the child. Generally, an applicant must:
- Be under 21 when filing the SIJS petition with USCIS
- Be unmarried
- Be physically present in the United States
- Have a qualifying juvenile court order
- Be unable to reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis under state law
- Have a court determination that returning to the child’s country of nationality or last habitual residence would not be in the child’s best interest
Age requirements in the state court process can differ from the federal SIJS age requirement, so families should seek legal advice as early as possible.
How Does the SIJS Process Work?
1. Obtain a Qualifying State Court Order
The first stage generally takes place in an appropriate New York state court. Depending on the child’s circumstances, the proceedings may involve guardianship, custody, or another matter over which the court has jurisdiction.
The court must make the findings necessary for an SIJS petition.
2. File Form I-360 With USCIS
After obtaining the qualifying court order, the child may file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS to request SIJS classification.
3. Apply for a Green Card When Eligible
Approval of an SIJS petition does not automatically provide a Green Card.
An eligible SIJ may apply for adjustment of status when an immigrant visa is available and the other applicable requirements are satisfied. Because visa availability can affect when a child can apply for permanent residence, the timeline can vary considerably from one case to another.
Can SIJS Lead to a Green Card?
Yes. SIJS can provide a pathway to lawful permanent residence for eligible children.
However, SIJS approval and Green Card approval are separate steps. The child must still qualify for adjustment of status, and visa availability can affect when that application may be filed or approved.
An immigration lawyer in Queens can review the child’s circumstances and explain how these different stages apply to the case.
Important Limitations of SIJS
Families should also understand what SIJS does not provide.
A child who receives permanent residence through SIJS cannot later use that status to obtain immigration benefits for the parent whose abuse, neglect, abandonment, or similar conduct formed the basis of the SIJS findings.
SIJS cases are also highly fact-specific. A child’s eligibility depends on both the state court findings and federal immigration requirements.
How AH Law Firm PLLC Can Help
The SIJS process can feel especially complicated because families may need to navigate two different legal systems while dealing with sensitive family circumstances.
AH Law Firm PLLC can assist with:
- Evaluating potential SIJS eligibility
- Navigating the New York state court process
- Seeking the required SIJS findings
- Preparing and filing Form I-360
- Preparing supporting immigration documentation
- Advising on adjustment of status and Green Card eligibility
- Responding to USCIS requests or complications
- Addressing related immigration concerns
We approach these cases with sensitivity to the circumstances of the child and provide clear guidance to caregivers and families throughout the process.
Speak With an SIJS Immigration Lawyer in Queens
If you are caring for a child who has experienced abuse, neglect, or abandonment by a parent, it is important to understand whether Special Immigrant Juvenile Status may be available.
AH Law Firm PLLC assists children and families in Queens and throughout New York with SIJS and related immigration matters.
Contact AH Law Firm PLLC to schedule a confidential consultation and discuss the child’s circumstances.