Ensuring Abandoned or Neglected Children Understand Their Rights

In an ideal world, parents take care of their children, providing for their needs and giving them the love and support they deserve. But the reality is that children are neglected or abandoned every day in the United States. However, the 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 team at Mi Sueño Americano is dedicated to ensuring 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. Find out more about this classification and how it applies to immigration law in the United States when you call (323) 672-4423 to speak to an attorney.

What Does Special Immigrant Juvenile Classification Mean?

When a child is provided with special immigrant juvenile status, it means that they are protected by the juvenile court system in the United States. This classification allows the child to stay in the country legally without needing the consent of their parents or participation from them in the immigration process. 

What Are the Eligibility Requirements for Special Immigrant Juvenile Status?

Those applying for special immigrant juvenile status don’t actually have to be minors. As long as you are under the age of 21(in California) at the time that you are granted SIJS status, you meet the requirement to be classified as a juvenile for this purpose. Applicants must also be currently residing and living in the United States and must be physically present in the country when the United States Citizenship and Immigration Services office decides your petition.

Another primary requirement for this status is that you must have a valid court order from the state juvenile system that shows that you are either a dependent of the court or that you are currently in the custody of a guardian. The court order must also document that it’s not in your best interests to be returned to your home country or be reunited 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 apply.

Can Family Members Be Included in Your Application?

When submitting a petition for special immigrant juvenile status, you cannot include any family members on 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 there are any alternative options, such as a U visa for crime victims, that allow for derivative beneficiaries.

It’s also important to understand that having special immigrant juvenile status means that you are ineligible to sponsor a parent for immigration later on, 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 want to sponsor the other parent. Depending on the circumstances, you may be able to sponsor other family members once you have obtained lawful permanent residence.

How Do You Apply for Special Immigrant Juvenile Status?

Before you begin the process of applying for special immigrant juvenile status, it’s essential to get as much information about what’s involved as possible. While a guardian or caseworker may be able to help you with this, you’ll also need legal guidance from an immigration law attorney. This ensures you know what’s required for the application, what the benefits are once you’re 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. Keep in mind that it can take several months for an SIJS application to be processed. 

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

Why Should You Work With an SIJS Attorney?

When you’re trying to navigate the process of applying for special immigrant juvenile status, working with an experienced immigration attorney can make things simpler. An attorney will help you identify, gather, and organize the documentation you need for your petition and ensure that you respond promptly to any Requests for Evidence.

If you have questions about how to apply for special immigrant juvenile status or aren’t sure if you qualify, Mi Sueño Americano can help. Call our Los Angeles office today at (323) 672-4423 to schedule a consultation to review your case.