Special Immigrant Juvenile Status
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What is the Special Immigrant Juvenile Status?
It is a type of immigration relief for foreign minors who are in the United States and who have suffered from abuse, neglect, or abandonment by one or both parents. To obtain the Special Immigrant Juvenile Status classification, every minor must complete two steps.
In the first step, the minor (or his representative) must request and obtain an order from the state court where the minor resides that establishes that said minor: 1) has been declared a dependent of the court, or has been placed under the custody of an agency, individual or entity; 2) that reunification of the minor with one or both parents is not possible due to abandonment, abuse or neglect; and 3) that the return of the minor to his/her country or the country where his/her parents reside does not respond to the best interests of the minor. The court order must include fact findings about the basis for the determination that the minor suffered from abandonment, abuse or neglect by one or both parents.
After obtaining the order from the state court, the second step requires the minor to submit an application (Form I-360) to USCIS ("immigration") so that he/she can be classified as a Special Juvenile Immigrant. Once immigration grants the Special Immigrant Juvenile Status, then the minor can obtain his/her permanent residency in the United States, which can eventually lead to American citizenship (with the filing of a different application). The waiting period to apply for permanent residence varies according to the minor's country of origin.
Must the minor have been abandoned, neglected, or abused by both parents to obtain Special Immigrant Juvenile Status?
No. It is enough to show that only one of his/her parents has incurred in abandonment, neglect, or abuse against the minor.
Until what age a minor can apply for Special Immigrant Juvenile Status?
That will depend on the state where the minor resides. Although immigration laws consider a person as a “minor” until they are 21 years old, this definition is not shared by the laws of each state. In some states, a "minor" is considered as such until the age of 18, and in other states until the age of 21. Therefore, if a minor resides in one of the states where the age of minority is until 18, then he/she will not be able to obtain the court order that he/she needs (first step) after reaching the age of 18. You should consult with a specialized attorney to determine if, based on the laws of the state of residence, a minor is eligible for this remedy.
What happens if a minor obtains the State Court order while still considered “minor,” but submits his/her application to immigration (second step) past the age of minority in his/her state or after age 21?
This question includes several scenarios, but the most important rule is that the application for immigration (Form I-360-second step) must be submitted BEFORE the minor turns 21 years old. However, there are several things that need to be clarified.
If the state where the court order was obtained (first step) considers a minor until the age of 18, it is recommended that the application for immigration (second step) be submitted before the minor turns 18. The reasoning behind this is that when the minor turns 18, the court order becomes invalid as he/she becomes an "adult," and this can be problematic with the immigration application. However, immigration laws actually protect a minor in this scenario, because even though the state order may become invalid due a minor attaining the age of 18, he/she can still submit the immigration application (second step) so long it is submitted BEFORE he/she turns 21 years of age.
What happens if I move out of the state where I got the court order (first step)?
This may be risky and can result in the denial of the immigration application (second step). If a minor moves out of the state where the court order was obtained (first step), that order becomes invalid and the minor must apply for a new order in the new state of residence. You must remember, in this context, the differences in age minority range for the different states. For example, if a minor resided in one of the states where the age of minority is until 21, and moves to another state where the age of minority is until 18, this means that those between the ages of 19 to 21 will NOT be able to obtain a new court order. Therefore, you should consult an immigration attorney BEFORE you move out of your state to ensure that your application for Special Immigrant Juvenile Status will not be affected.
Likewise, if the minor goes out of the United States, his/her application for Special Immigrant Juvenile Status will be denied since this remedy is only for minors who are present in the United States.
What if USCIS has not yet made a decision regarding my application and I'm turning 21?
If you validly obtained the court order and submitted your application to immigration BEFORE you turned 21 (you completed both steps), the law protects you from being denied immigration by your case for reaching age 21. They cannot deny you their status because of that.
Can a minor get married and still apply for Special Immigrant Juvenile Status?
No. When a “minor” marries, they legally become an adult and will NOT be eligible for Special Immigrant Juvenile Status. It does not matter if you are not 18 or 21 years old yet. Consult an attorney BEFORE getting married if you are considering applying for Special Immigrant Juvenile Status, if your application is in process, or if you want to get married after obtaining said status but before becoming a permanent resident.
What can I do if USCIS denied my application for Special Immigrant Juvenile Status for attaining the age of 18 or 21?
There are some cases in which immigration unlawfully denied applications for Special Immigrant Juvenile Status to people who validly completed their two steps and submitted their applications before their 21st birthday. If you think this happened to you, consult with us (206-838-7628) to help you reopen your application. There may be time limitations for this, so schedule a consult as soon as possible.
For more information, please visit:
https://www.uscis.gov/es/tarjeta-verde/sij
Please Note:
This blog is purely informative and is not intended to replace the legal advice of an attorney for specific cases. It is important to note that there are other factors that may affect your eligibility for Special Immigrant Juvenile Status beyond what is described here. Therefore, it is important to consult with a specialized immigration lawyer, such as L.I.H. Law. If you want to know more about the Special Immigrant Juvenile Status, you can contact us to make a consultation with our office (206-838-7628).
