Ensuring Abandoned or Neglected Children Understand Their Rights

In an ideal world, parents care for their children, meeting their needs and providing them with the love and support they deserve. But the reality is that children are neglected or abandoned every day in the United States. However, Special Immigrant Juvenile Status (SIJS) provides a potential pathway for children who have been neglected or abandoned by their parents to establish independent immigration status and, eventually, obtain a Green Card or even citizenship through naturalization.

The Mi Sueño Americano team is dedicated to ensuring that abandoned or neglected children have the information they need to stay safe, and applying for Special Immigrant Juvenile Status can be an essential step in this process. Learn more about this classification and how it applies to immigration law in the United States by calling (323) 672-4423 to speak with an attorney.

What Does Special Immigrant Juvenile Classification Mean?

When a child is granted Special Immigrant Juvenile Status, it means they are protected by the U.S. juvenile court system. This classification allows the child to remain legally in the country without requiring parental consent or involvement in the immigration process.

What Are the Eligibility Requirements for Special Immigrant Juvenile Status?

Those applying for Special Immigrant Juvenile Status do not have to be minors. As long as you are under 21 years old (in California) at the time SIJS status is granted, you meet the requirement to be classified as a juvenile for these purposes. Applicants must also currently reside and live in the United States and must be physically present in the country when the U.S. Citizenship and Immigration Services office decides on their petition.

Another primary requirement for this status is that you must have a valid court order from the state juvenile system demonstrating that you are dependent on the court or are currently in the custody of a guardian. The court order must also document that it is not in your best interest to return to your home country or reunite with one or both parents due to abuse, abandonment, or neglect. Depending on your situation, you may also need written consent from the Department of Health and Human Services to file the application.

Can Family Members Be Included in Your Application?

When filing a petition for Special Immigrant Juvenile Status, you cannot include any family members in your application. This includes any siblings or children you may have. If this is a concern in your situation, an immigration attorney can help you understand if alternative options exist, such as a U visa for crime victims, which allow for derivative beneficiaries.

It is also important to understand that having Special Immigrant Juvenile Status means you are not eligible to sponsor a parent for immigration later, even if you have a Green Card and are a lawful permanent resident. This is true even if only one parent was abusive and you wish to sponsor the other parent. Depending on the circumstances, you may be able to sponsor other family members once you have obtained lawful permanent residency.

How Do You Apply for Special Immigrant Juvenile Status?

Before beginning the application process for Special Immigrant Juvenile Status, it is essential to gather as much information as possible about what it entails. While a guardian or social worker can assist you with this, you will also need legal guidance from an immigration attorney. This ensures you know what is required for the application, what the benefits are once approved, and what long-term impact this classification may have on your immigration journey.

Once you have your documentation ready, you can file the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) with the U.S. Citizenship and Immigration Services office. Please note that processing an SIJS application can take several months.

Once you have applied for and received a Green Card, you will be eligible to apply for certain federal benefits, such as financial aid for college and potentially public benefits like SNAP. After holding your Green Card for five years, you will be eligible to apply for citizenship through the naturalization process.

Why Should You Work With an SIJS Attorney?

When attempting to navigate the Special Immigrant Juvenile Status application process, working with an experienced immigration attorney can simplify matters. An attorney will help you identify, collect, and organize the documentation you need for your petition and ensure you respond promptly to any Requests for Evidence.

If you have questions about how to apply for Special Immigrant Juvenile Status or are unsure if you qualify, Mi Sueño Americano can help. Call our Los Angeles office today at (323) 672-4423 to schedule a consultation and review your case.