Attorney for Special Immigration Juvenile Status in New York State
Children of immigrants who require protection from the U.S. Family Court due to abuse, abandonment, or neglect by a parent may be eligible for Special Immigration Juvenile Status (SIJ). This special immigration juvenile status in NY enables them to become lawful permanent residents of the United States and ultimately obtain citizenship. Let’s learn a bit more about this status and the process of applying for it.
What Is SIJS?
Special Immigrant Juvenile Status (SIJS) is an immigration classification designed to grant lawful permanent immigration status to minor children who meet specific criteria through the state j Family Court . Eligibility requirements include being under 21 years old, unmarried, declared dependent in a juvenile court, facing circumstances where reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar state laws, and where returning to their native country is not in the minor’s best interest.
There are compelling benefits to obtaining Special Immigrant Juvenile Status. Unlike other immigration remedies, SIJS necessitates involvement with a state Family Court, offering a pathway for minors to apply for adjustment of their status to lawful permanent resident (LPR). LPR status permits individuals to reside and work permanently in the United States, travel internationally, access certain public benefits, and apply for U.S. citizenship.
Moreover, SIJS waivers bypass several statutory bars that typically impede immigrants from obtaining lawful permanent residency, including working without authorization, unlawful entry, undocumented status as a public charge, and other immigration violations. This exemption allows minors to overcome entry barriers, initiating a pathway to citizenship that may otherwise be inaccessible to them.
Additionally, upon obtaining an SIJS predicate order and filing for Special Immigrant Juvenile Status ( I-360), minors who might not qualify for a work permit due to their age may become eligible for a work authorization card, providing a valuable form of identification and paving the way for future employment opportunities.
Filing for SIJS before turning 21 guards against “aging out,” ensuring that eligibility is not jeopardized by surpassing the age requirement. It’s essential to resolve SIJS filings and petitions before the minor reaches 18 to secure custody considerations.
Navigating the complexities of immigration and Family Law in New York demands specialized expertise. If you have inquiries about the process or believe you or a loved one qualifies for SIJS, please reach out to us to arrange a consultation.
How to Obtain SIJS:
Obtaining SIJS approval requires a level of understanding of both state and federal laws. To work toward the best possible outcome for your case, Olivier E. Roche, the trusted New York immigration lawyer, is at your service. As a prosecutor turned attorney, he knows the ins and outs of Immigration and Family Court processes, and he can be relied on to assist you with your case.
Why Should I Apply for SIJS?
With SIJ status, youth immigrants will be able to:
- Obtain permanent residency;
- Legally work anywhere in the U.S.;
- Freely travel within the U.S.;
- Get financial aid for college; and
- Be eligible for public benefits such as Medicaid, Public Assistance, and Public Housing
In addition to these benefits, the grant waives certain immigration violations that would otherwise prevent the child from obtaining permanent lawful residency in the U.S. This includes working without authorization, illegal entry, and public charge status.
Eligibility Requirements:
For a minor to qualify for SIJS, they must be able to meet the following criteria:
- They must be under 21 years old at the time of filing the SIJS petition (I-360);
- They must be unmarried and have never been divorced or annulled;
- They must be declared dependent by a court of competent jurisdiction; Additionally, the Family Court, Surrogate’s, or Supreme Court should take jurisdiction over your petition;
- Reuniting with one or both of your parents is not possible due to abuse, abandonment, neglect, or failure to plan; and
- It is not in your best interests to return to your country of origin.
For Minors in Foster Care:
Children who are in foster care may seek assistance from their agency and the NYC Administration for Children’s Services. This is the City’s child welfare agency committed to protecting children and providing childcare. Likewise, the foster agency should connect the minor to a legal services provider who can assess their needs and assist them with the application process.
The application process for Special Immigration Juvenile Status involves two stages. First, a proceeding (such as adoption, custody, or guardianship) will be held at the Family or Surrogate’s Court in the county where the minor lives. During this time, the minor must also secure a “special findings order” declaring their eligibility for SIJS.
Second, once an order has been issued by the Family or Surrogate’s Court, the child may file an application for SIJS with the United States Citizenship and Immigration Service (USCIS).
Do I Need an Immigration Attorney in New York?
Obtaining a court order from the state court is a lengthy and complex process. Additionally, approval from immigration involves further complexities. For this reason, having a knowledgeable attorney specializing in Special Immigrant Juvenile Status in Long Island is highly recommended.
As the attorney on your case, Olivier E. Roche ensures that your petition is filed correctly, and all requirements have been met. He’ll guide you in every step of the process, from applying to preparing for the court proceedings.
Get legal services from an experienced and compassionate New York SIJS immigration lawyer. Contact our office today for a free consultation.
