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A Comprehensive Guide to SIJS for Immigrant Youth

Introduction

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Welcome back to my blog series, "A Lawyer Explains." I am Matty Luna, considered one of the best immigration lawyers in Tukwila. In this post, we will explore Special Immigrant Juvenile Status (SIJS). Our goal is to help you make an informed decision about this important opportunity.

What Is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status (SIJS) is a process designed for immigrant children under 21 years old. It allows them to apply for lawful permanent resident status in the United States. SIJS provides a pathway for vulnerable youth to secure a safer and more stable future.

Requirements Checkpoint: Validating SIJS Requirements

Before applying, we must verify if the child meets the SIJS requirements. The criteria include:

  • Age Requirement: The child must be under 21 years old at the time of filing.
  • Marital Status: The child must be unmarried.
  • Residency: The child must currently live in the United States.
  • Juvenile Court Order: The child must have a valid court order from a state juvenile court. The court must find that:
  • The child is dependent on the court, or
  • The child is in the custody of a state agency, department, or an individual appointed by the court.
  • Parental reunification is not possible if the court finds that returning a child to one or both parents would lead to abuse, neglect, abandonment, or other serious issues according to state law.
  • Best Interests: Returning to the child's home country is not in their best interest.

We carefully assess each factor to determine if you qualify for SIJS.

Your Step-by-Step Guide Through the Application Process

We follow a structured process to help you obtain Special Immigrant Juvenile Status.

Step 1: Start the Process in Juvenile Court

At Crescent Law, we begin by filing a petition in juvenile court. This petition seeks guardianship and the necessary SIJS findings. We represent you during court proceedings and present the required evidence.

Step 2: Filing Form I-360 with USCIS

After the court approves guardianship and issues the SIJS findings, we file Form I-360 with the United States Citizenship and Immigration Services (USCIS). We include:

  • The juvenile court order
  • Proof of the child's age, such as a birth certificate
  • Official identity documents

We ensure all documents meet USCIS requirements to avoid delays.

Step 3: Applying for Employment Authorization

If USCIS approves the SIJS petition, we can file the I-765 application for employment authorization. This allows the youth to obtain a work permit and a social security card. This is important if an immigrant visa number is not immediately available for adjustment of status.

Step 4: Filing for Adjustment of Status

When an immigrant visa is available, we will file the I-485 Application to register for permanent residence or adjust status. This step provides the juvenile with a green card, granting lawful permanent resident status.

Benefits of Special Immigrant Juvenile Status

Securing Special Immigrant Juvenile Status offers significant benefits for the child.

Pathway to Lawful Status

With SIJS approval, the minor gains a clear path to lawful status in the United States. This status protects them from deportation and allows them to live safely.

Access to Opportunities

Having lawful status opens doors to education, employment, and other opportunities. The youth can build a stable life and pursue their goals without fear.

Pathway to Citizenship

After obtaining a green card and living in the U.S. for five years, the youth may apply for U.S. citizenship. This grants them full rights as a citizen, including the right to vote.

Trust Our Expertise

At Crescent Law, we are dedicated to helping you Transform your Future. Special Immigrant Juvenile Status can unlock exceptional opportunities and a path to U.S. citizenship for minors. As your trusted immigration attorney, I am committed to guiding you every step of the way.