Applying for SIJS (Special Immigrant Juvenile Status) in the United States: A Pathway to Green Card for Children
Special Immigrant Juvenile Status (SIJS) is one of the most important legal pathways that provides permanent residency and legal protection for children living in the United States who have been abused, neglected, or abandoned by one or both of their parents. SIJS is a unique immigration status that allows vulnerable immigrant children to live safely in the U.S. In this article, we summarize what SIJS is, the key steps in the application process, and the critical points to keep in mind.
Who Qualifies for SIJS?
SIJS is designed for children under the age of 21 who are unmarried and have been abused, neglected, or abandoned by one or both parents, and for whom family reunification is not a viable option. The applicant must be recognized as a minor by a state court in the U.S., and the court must determine that it is not in the child’s best interest to reunite with one or both parents.
Key Steps in the SIJS Application Process
The SIJS application involves several essential stages:
Juvenile Court Order: The applicant must obtain a court order from a competent juvenile or family court in the state where they reside. This order must state that reunification with one or both parents is not viable and that remaining in the U.S. is in the best interest of the child. At this stage, the court typically appoints a legal guardian responsible for the child’s care. The appointment of a guardian plays a crucial role in ensuring the child’s safety and facilitating legal procedures.
Filing with USCIS (Form I-360): After the court order is issued, an SIJS petition must be submitted to U.S. Citizenship and Immigration Services (USCIS). This involves filing Form I-360 along with supporting documentation.
Applying for Lawful Permanent Residence (Green Card): Once the SIJS petition is approved by USCIS, the applicant becomes eligible to apply for a green card.
Frequently Asked Questions (FAQ)
Do I need to be physically in the U.S. during the SIJS application process?
Yes, you must be physically present in the United States during the application process and until it is completed.
Can I be married while applying for SIJS?
No, you must be unmarried at the time of application and until a decision is made.
Can I bring my family to the U.S. after receiving SIJS?
No, SIJS benefits only the child applicant. Parents cannot benefit from this status or gain immigration benefits through it.
How can I prove that I cannot reunify with my parents?
You can present evidence such as police reports, child protective services records, psychological evaluations, or written statements from teachers and social workers documenting abuse, neglect, or abandonment. Your own testimony in court can also be considered. The judge will evaluate all evidence to determine whether reunification with one or both parents is not viable and whether staying in the U.S. serves the child’s best interest.
Why is the appointment of a guardian necessary?
The court appoints a guardian to ensure the child’s protection and to manage the legal process. This is essential for the safety and well-being of the child and for moving forward with the SIJS petition.
How can I find a guardian?
A guardian can be a relative, a family friend, or any other suitable adult. It is the applicant’s responsibility to identify a potential guardian. The court will assess the candidate’s suitability, which may include reviewing criminal records and living conditions.
Does the guardian have to be a U.S. citizen or have legal immigration status?
No, U.S. citizenship or legal immigration status is not required to serve as a guardian. Courts do not consider the guardian’s immigration status in SIJS proceedings. However, practices may vary by state, and immigration-related risks in some courts should be considered.
Does the guardian have to live with the child?
Not necessarily. The guardian is not required to live with the child, although some judges and states may prefer this arrangement. Ultimately, the decision is based on what serves the child’s best interest.
Does the appointment of a guardian terminate parental rights?
Usually, guardianship provides temporary protection and does not fully terminate parental rights. However, in cases of severe abuse, neglect, or abandonment, the court may limit or terminate those rights based on the circumstances.
What responsibilities does the guardian have?
The guardian is responsible for the child’s housing, nutrition, health care, education, and general welfare. They are also expected to support the child’s emotional development, provide a safe environment, and cooperate with the court and immigration authorities. The guardian also acts as the legal representative of the child in legal matters.
Can I apply for U.S. citizenship after receiving a green card through SIJS?
Yes. Once you have obtained your green card through SIJS and meet the residency requirements, you may apply for U.S. citizenship.
