Who Qualifies for SIJS?
- Age: You must be under 21 years old when you file your SIJS petition.
- Unmarried: You must be unmarried.
- Vulnerable: You must be a dependent in a state juvenile court due to abuse, abandonment, neglect, or similar circumstances by one or both parents.
- Court Order: You need a state court order that finds reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and that it’s not in your best interest to return to your home country.
Step-by-Step Guide to SIJS
Step 1: Get a State Court Custody Order
- Find a Lawyer or Advocate: Look for legal help from organizations that assist immigrants. They can guide you through the process.
- Go to State Court:
- Age Limits for Court Order:
- Up to Age 21: Check here to see if your state allows applications up to age 21.
- Ends at Age 18: Most states, like Arizona, require the court order before you turn 18.
- Age Limits for Court Order:
- Ask for a SIJS Predicate Order:
- Sample Language for the Order:
- The court finds you dependent due to abuse, neglect, or abandonment.
- It’s not in your best interest to return to your home country or be with your parents.
- Reunification with one or both parents is not viable due to the previous findings.
- Sample Language for the Order:
Step 2: File with USCIS
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant:
- Required Information: Personal details, details about your parents, the state court order, and why you qualify for SIJS.
- Where to File: Send this form to the USCIS office that handles SIJS cases in your area. Check online for the correct address.
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- Required Information: Your biographical information, details of your entry into the U.S., any criminal history, and your medical examination results.
- Medical Examination: You’ll need to get this from a doctor approved by USCIS.
- Form I-765, Application for Employment Authorization:
- Required Information: Your name, address, and that you are applying under SIJS.
Processing Times
- SIJS Petition (I-360): It can take several months. Check the current processing times on the USCIS website.
- Adjustment of Status (I-485): After approval of the I-360, this can take from several months to over a year depending on various factors like workload at USCIS.
Obtaining Work Authorization
- File Form I-765: You can file for work authorization at the same time as your I-485 or after your I-360 is approved.
- Processing Time: Generally, employment authorization can be issued within 3-5 months, but it varies.
Final Steps to Green Card
- Once your I-485 is approved, you’ll receive your Green Card, which grants you permanent resident status. Attend your biometrics appointment (where they take your fingerprints and photo) when scheduled by USCIS.
Important Notes
- Language Barriers: If you don’t understand English well, find help from someone who speaks your language or use translation services at legal aid centers.
- Keep Copies: Always keep copies of everything you send to USCIS.
- Check pdates: Immigration laws can change, so always check for updates on the USCIS website or through legal aid.
Remember, every state might have different procedures for the juvenile court part, so it’s crucial to get local legal advice. This guide provides a general pathway, but your specific situation might require additional steps or documents.