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Boston Immigration Lawyers for Special Immigrant Juveniles (SIJ)
At FitzGerald Law Company, we understand the complexities of immigration law, especially when it comes to vulnerable populations. Our experienced team is committed to guiding Special Immigrant Juveniles and their guardians through the legal process, ensuring that their rights are protected and their well-being is prioritized.
What is the Special Immigrant Juvenile (SIJ) Classification?
The Special Immigrant Juvenile (SIJ) classification was designed for foreign children who are in the United States and have been abused, neglected, or abandoned by one or both their parents and therefore are unable to reunite with them. The Special Immigrant Juvenile petition offers a pathway for eligible minors to obtain lawful permanent residency in the United States, providing them with the opportunity to escape unsafe conditions and build a brighter future in the U.S. The SIJ protective immigration status is available to minors who have been ordered “dependent” by a Juvenile or Family Court.
Who is Eligible for SIJ Status or Classification?
To qualify for Special Immigrant Juvenile status, a minor must meet the following eligibility criteria:
- Qualify as a minor — under the applicable state law (i.e. for many states it is an unmarried person under the age of 18, but for others like Massachusetts it is single person under 21), in order to be subject to the jurisdiction of a state court as a juvenile.
- Court or Agency Dependency — the minor must be subject to the jurisdiction of a Juvenile or Family Court, or have been legally committed to or placed under the custody of a state agency or department.
- Best Interests Determination — the Juvenile Court or Family Court must find that it is not in the child’s best interests to return to their home country due to abuse, neglect, or abandonment by one or both of their parents.
- Non-viability of Reunification — the Juvenile or Family Court must rule that minor should not be reunited with one or both parents due to abuse, neglect, or abandonment.
- Presence in the U.S. — the minor must be physically present in the U.S. at the time the petitions are filed with the Court and USCIS and generally at the time USCIS makes a decision on your petition, unless you have been granted permission to travel abroad.
Approval of I-360 and Eligibility for U.S. Residency
A form I-360 must be filed prior to the minor’s 21st birthday. The date that the I-360 is received by USCIS will establish the “Priority Date” for the petition.
Generally, the I-360 petition will be adjudicated within 6 months, and if it is approved the individual will be allowed to file an application for work authorization, form I-765. When the work permit is issued, the person will be re-issued a Social Security Number, if they do not have one. In addition, they may be allowed to renew their work permit until their residency is granted.
An application for Legal Permanent Resident Status, form I-485, may be filed once their “Priority Date” is reached on the “Visa Bulletin”.
Duration and Renewability
Once Residency is granted, that status is permanent and does not have to be renewed and individuals can live and work in the U.S. indefinitely. The Green Card itself has a validity of 10 years and it may be renewed. Once Special Immigrant Juveniles become Legal Permanent Residents, they may be eligible to apply for U.S. citizenship after meeting the necessary requirements.
What Documents are Generally Needed for an SIJ Petition?
A petition of Residency as a Special Immigrant Juvenile usually requires the following documents:
- Copy of Birth Certificate or Adoption Certificate
- Copy of complete Passport (if available)
- Copy of current visa & I-94 (if available)
- Copy of any prior Juvenile Court Proceeding or Custody Proceeding records (if applicable)
- Copy of Evidence of Citizenship/Resident & Marital status of Guardian (if applicable):
- Green Card
- Birth Certificate
- Passport
- Marriage Certificate / Divorce Certificate
- Copy of Financial Information for Guardian (Tax Return) (if applicable)
- Affidavit from biological parent(s) regarding the abandonment of child and consent to the court’s order of custody (if available)
- Affidavit/Statement with details about the abuse, neglect and abandonment by a parent
- Affidavit/Statement of guardian about child’s history & their ability to care & support
- Medical, school, therapy, and financial records that demonstrate abandonment by a parent
If minor is in removal proceedings the following additional documents are needed:
- Complete copy of any prior immigration applications, notices, records, and supporting documents filed with or received from any US government agency (USCIS, ICE, CBP, NVC, Consulate, EOIR, Immigration Court ….)
- Complete copy of certified police & court records for any criminal case of parents or child, including police report, criminal complaint, plea, and any other document (if applicable)
NOTE – All documents must be translated. Translations do not have to be Formal or Notarized. They must be complete and accurate and must contain a certification like this: “I ____ (name) hereby state that this is a true and accurate translation of the foregoing document and I am fluent in both English and ______ (language).” You may translate your own documents.
What are the Family Benefits of the SIJ Status?
Benefits of an approved SIJ I-360 include:
- Work Authorization: Beneficiaries of an approved SIJ I-360 may apply for work authorization with an I-765 petition.
- Education Opportunities: Access to educational resources and potential financial aid.
- Healthcare Benefits: Eligibility for certain public benefits and access to health coverage.
- U.S. Residency: Eligibility to apply for Legal Permanent Residency once their “Priority Date” is reached according to the Visa Bulletin.
Once SIJ residency is granted the individual may apply for U.S. residency for a spouse or a minor child, but they can never apply for any immigration benefit for any parent or sibling.
What is the Process to Obtain SIJ Classification and SIJ based U.S. Residency ?
The process for obtaining SIJ based Residency status involves three stages as described below:
- Juvenile or Family Court Proceedings: Initiate or participate in juvenile court proceedings to obtain the necessary court orders. This must result in the issuance of “special findings” that the minor is subject to the court’s jurisdiction, has been neglected, abandoned or abused by a parent, preventing reunification, and it is in the “best interest” of the minor to remain in the U.S.
- USCIS Filing: Once the necessary orders are issued by the court, the minor must File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS), to have their request for SIJ classification approved. The filing date of the I-360 will set the “Priority Date” for the petition.
- Adjustment of Status: Once the priority date is current in the Visa Bulletin, the minor can apply to adjust their status to that of a lawful permanent resident with form I-485.
What are the USCIS Filing Fees for SIJ Residency?
Currently, there are no filing fees for Form I-360, Form I-765 or Form I-485, as a Special Immigrant Juvenile.
Verify the U.S. Immigration Service fees as these change regularly.
What are the Fees of our Boston Immigration lawyers to Apply for SIJ classification and SIJ based U.S. Residency?
Learn more about our immigration legal fees.
Schedule a consultation with an experienced SIJ immigration lawyer or call: 617-303-2600
Where can I get more information on SIJ Immigration Petitions?
For additional information about the SIJ classification applicants can refer to official government sources:
- U.S. Citizenship and Immigration Services (USCIS) on SIJ: Visit the USCIS website for official forms, guidelines, and updates related to SIJ status.
- Green Card Based on Special Immigrant Juvenile Classification
- Office of Refugee Resettlement—An Office of the Administration for Children and Families
- Office of Refugee Resettlement Unaccompanied Refugee Minors Program
Special SIJ Considerations
Turning 21 Years Old within 2 Weeks of Applying for SIJ
If you will be turning 21 within 2 weeks of filing for SIJ classification, you may contact USCIS to request an SIJ expedited appointment to file form I-360 in person. The field office will accept the petition and date-stamp the first page and return a copy to you. It will then send the application and supporting documents to the USCIS lockbox who will issue a receipt notice.
Consideration of Deferred Action
As of May 6, 2022 USCIS is considering deferred action for noncitizens with an approved I-360 petition for SIJ classification who cannot apply for adjustment of status (U.S. residency) because an immigrant visa is not immediately available. Deferred Action defers removal proceedings of a noncitizen for specific period of time, however, it does not provide lawful status. USCIS automatically conducts deferred action determinations for these individuals and a separate request for deferred action is not necessary. If you are granted deferred action, USCIS will notify you and you will be eligible to apply for employment authorization for the period of deferred action.
SIJ Classification Decisions
USCIS generally makes decisions on SIJ I-360 petitions within 180 days of filing.
Special Immigrant Juvenile status is a vital immigration relief program, offering protection and stability to vulnerable minors. At FitzGerald Law Company, our compassionate and supportive team is dedicated to assisting clients through every step of the SIJ application process. We provide, comprehensive legal support, ensuring that all necessary documentation is prepared accurately and submitted in a timely manner. Our attorneys understand the sensitive nature of these cases and approach each one with the care and attention it deserves. Contact us today for a consultation with our experienced SIJ immigration attorneys: 617-303-2600.
