Special Juvenile Immigration Status (SIJS) is an immigration classification available to certain undocumented immigrants under the age of 21 who have been abused, neglected, or abandoned by one or both parents. SIJS is a way for immigrants under the age of twenty-one to apply for and obtain lawful permanent residence in the United States. There are very specific requirements for a child to be eligible for SIJS: To travel, you must bring your green card and passport from your home country. [^16] SIJ is generally not an appropriate option for children coming to the United States for the primary purpose of adoption. Although it does not apply to all cases of adoption, the SIJ classification is not intended to provide a means of circumventing the Hague Adoption Convention or other conditions for obtaining legal status through adoption. See Hague Conference on Private International Law, Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 29 May 1993, 32 in conjunction with 1134, art. 2, 28. See 8 CFR 204.300 (Rules for Intercountry Adoption of a Hague Convention on Adoption). Dependency or custody – declares the plaintiff dependent or obligated by the court or places the claimant legally in the custody of a state authority or department or a person or entity appointed by a state or juvenile court; No, you will not be allowed to return to the United States with the approval of your SIJS application. However, once permanent residence is approved, you are eligible to travel. You can travel outside the United States. and even return to your home country, but it`s important not to travel for a long time because permanent residency is reserved for people who live or live in the United States, so if you`re away for too long, immigration may decide that you no longer live here.
If you are a minor, you may need your parent`s or guardian`s permission to travel. You will also need a passport from your home country. LSC represents youth ages 12 to 21 in San Francisco and Alameda counties in special cases of immigrant youth status. We also provide training to other legal providers and community members on special juvenile immigrant status, and advocate for policies that benefit young people eligible for SIJS. For more information on eligibility for a green card/family visa, an initial consultation is the best next step. Get the legal information and answers you`re looking for by calling (817) 532-5666 today. Once you have been a permanent resident for 5 years, you may be eligible to become a U.S. citizen.
As a U.S. citizen, you can file a petition for your spouse, children, and siblings. Although U.S. citizens can usually file a petition for parents once citizens reach the age of 21, if you obtained your legal status through SIJS, you can never file a petition for your parents. This is true even if you have only been abused, abandoned, or neglected by one parent and still have a good relationship with your other parent. [^30] Almost all states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Interstate Compact for the Placement of Children (ICPC). The UCCJEA is a unified law drafted by the National Conference of State Uniform Law Commissioners. The UCCJEA does not go into effect until it is passed by state legislators. See Articles 201 to 204 of the UCCJEA, available on the website of the UCCJEA Law Harmonisation Commission.
The CPIC is a binding treaty between member countries. ICPC establishes uniform legal and administrative procedures for the international placement of children. Each state and the District of Columbia have enacted the provisions of ICPC under state law. Second, after receiving this order from family court or substitute court, the minor may apply for a green card from the United States Citizenship and Immigration Service (USCIS). First, a prospective guardian must file an application for guardianship with the state family or a substitute court in the county where the guardian resides. As part of this procedure, the minor must also obtain a “special finding order” declaring his eligibility for SIJS. Guardianship is the most common way for the family court to obtain jurisdiction over a minor. However, if you are eligible to apply for permanent residence, you can also apply for a work permit (a work permit). At this point, depending on the country you`re from, it can take years to qualify for permanent residency. If you don`t have an immigration court, you may be able to file it at the same time as your SIJS application. If you have an immigration court, you may need to file your application in two steps, so it may take longer to get your work permit. Your green card also serves as proof that you`re eligible to work in the United States, so once you get your green card, you won`t need a separate work permit.
Anyone who is not a U.S. citizen can have their immigration status revoked if they don`t follow certain rules. Even if you have received your green card, it is important to follow the law in order to maintain your permanent residence. Obtaining special immigration status for youth has many benefits. SIJS waives various types of inadmissibility that would otherwise prevent an immigrant from becoming a lawful permanent resident (obtaining a green card). For example, SIJS renounces illegal entry, work without a permit, public expense status, and certain immigration violations. Once a minor receives SIJS, they can match their status to that of lawful permanent residence, obtain a work permit, and eventually apply for U.S. citizenship. the applicant has been adopted, placed under permanent guardianship or another objective of ensuring the best interests of the child has been achieved; [28] or If you already have proceedings in juvenile court and are in foster care or on juvenile probation, you may be able to get the order from that court. If you don`t have a case in juvenile court, you may need to apply for legal guardianship if you don`t live with your parents.
LSC may be able to help you find legal guardianship. Your spouse has not legally entered the United States, which means admitted or pardoned, and therefore must undergo consular proceedings to conduct an interview at the U.S. consulate/embassy in their home country, is inadmissible for green card purposes, and therefore must also apply for a waiver. Only people who have entered the U.S. legally can adjust their status and get a U.S. green card. If you live with one parent but have been abused, abandoned, or neglected by your other parent, your parent you live with can apply for custody of you in California Family Court and ask the court to make the SIJS findings. LSC does not conduct custody cases, but we can refer you to other lawyers who do. The placement of the applicant in the custody of a natural or legal person may include legal or physical custody. [15] The obligation or placement in a person`s custody may include certain types of tutorship, curatorship or adoption.
[16] If the court entrusts the applicant to the care of a particular person, that person should be named in the court order. Court-designated qualified custody could be given to one parent if reunification with the other parent is deemed impossible because of abuse, neglect, abandonment or similar abuse inflicted on the applicant by that parent. The title and type of court, which may meet the definition of a juvenile court, vary from state to state. Examples of state courts that may meet this definition are: juvenile courts, family courts, foster care courts, orphans, guardianship courts, probate courts and juvenile criminal courts. A juvenile court order does not necessarily terminate due to the transfer of an applicant to the jurisdiction of another court, and a juvenile who leaves the court-ordered placement without permission or authorization does not affect the eligibility of the SIJ.