Green Cards for Kids and Young Adults?

Understanding Special Immigrant Juvenile Status (SIJS) for Children in the U.S.

Immigration laws can be complicated, especially when it comes to minors who were born outside the United States. Many children under the age of 18 who have entered the country without inspection or were paroled into the U.S. may be eligible for a special immigration benefit known as Special Immigrant Juvenile Status (SIJS). This legal status provides a pathway to lawful permanent residence (a green card) and other important benefits. Let’s explore what SIJS is, how it works, and how it can benefit children who are in the U.S. without lawful immigration status.

What is SIJS?

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief available to minors who are in the U.S. and meet specific requirements. SIJS allows eligible children to apply for lawful permanent residency (green card status) even if they entered the U.S. without inspection or have otherwise overstayed their visas. It was created to protect children who cannot be reunited with one or both parents due to abuse, neglect, or abandonment, or because it is not in their best interest to return to their home country.

The Two-Step Process for SIJS

SIJS involves a two-step process:

1. Step      1: Becoming a Ward of the Court
   The first step for a child seeking SIJS is to obtain a court order from a      family or juvenile court. The court must determine that the child is under      21, unmarried, and a dependent of the court due to abuse, neglect, or      abandonment by one or both parents. This court order is crucial, as it      establishes the child’s eligibility for SIJS.
2. Step      2: Applying for Immigration Status
   Once a child has been declared a ward of the court, the next step is to      file for SIJS with U.S. Citizenship and Immigration Services (USCIS). This      step involves submitting an application (Form I-360) and demonstrating      that the child meets all the necessary requirements under U.S. immigration      law.

Benefits of SIJS Status

The SIJS benefit can provide children with important immigration protections:

• Lawful      Permanent Residency (Green Card): Once approved for SIJS, a child can      obtain a green card, allowing them to live and work in the U.S.      permanently.
• Work      Authorization: After receiving their green card, children with SIJS      status can legally work in the United States.
• Protection      from Deportation: SIJS offers protection from removal or deportation      proceedings, as the child’s status allows them to stay legally in the      country.
• Path      to Citizenship: After holding a green card for five years, the child      can apply for U.S. citizenship.

Timeline for SIJS and Work Authorization

The process of obtaining a green card through SIJS can take some time. Typically, it may take several months to a few years for USCIS to process the application, depending on the case’s complexity and the local USCIS office’s processing times. However, children who are granted SIJS status can apply for work authorization during the process.

SIJS for Children Aged 18-21

It’s important to note that while SIJS is primarily available to children under the age of 18, in some states, minors who are between the ages of 18 and 21 may still be eligible for SIJS. These children must show that they were under the jurisdiction of a court before turning 18 and that they meet the other requirements for SIJS.

Additionally, children between the ages of 18-21 may also have the option of applying for asylum if they fear returning to their home country due to threats of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

Asylum: A Brief Overview

Asylum is another form of immigration relief available to individuals who fear returning to their home country. To qualify for asylum, applicants must demonstrate that they have suffered past persecution or have a well-founded fear of future persecution based on one of the following five grounds:

1. Race
2. Religion
3. Nationality
4. Membership      in a particular social group
5. Political      opinion

The process of applying for asylum typically involves submitting an asylum application to USCIS or the immigration court and attending an interview or hearing. Asylum applicants who are granted protection can eventually apply for a green card after one year of residing in the U.S. as an asylee.

Conclusion

SIJS provides a critical immigration pathway for children who are in the U.S. without lawful status due to abuse, neglect, or abandonment by their parents. The two-step process, court involvement, and USCIS application allow children to apply for lawful permanent residency and eventually citizenship. While SIJS offers numerous benefits, including work authorization and protection from deportation, it is important to be aware of the process’s complexity and potential immigration risks.

For children who are between the ages of 18 and 21, SIJS may still be a possibility in certain states, and asylum could also be an option for those facing threats in their home countries.

If you or a child you know may qualify for SIJS or another immigration benefit, it’s crucial to seek guidance from an experienced immigration attorney who can help navigate this complex process and ensure the best possible outcome.