Pathway to Residency: Special Immigrant Juveniles
Welcome parents and legal guardians!
"Marine becomes citizen at Statue of Liberty ceremony" by NYCMarines is licensed under CC BY 2.0
If you have a child in your care and unfortunately his or her mother or father abandoned, abused, or neglected them, that child may be eligible for an immigration benefit called- ‘Special Immigrant Juvenile Visa’ (SIJ). An SIJ visa opens doors for that child to become a lawful permanent resident. Our law firm is here to help you and your loved ones.
What is a Special Immigrant Juvenile Visa?
Commonly known as “SIJ”, a special immigrant juvenile visa, is a visa only available to certain children living here, under 18, and whose parent(s) abandoned, abused, and/or neglected them.
How does the child qualify?
Must be a minor under state law (e.g. in Virginia be under 18; Maryland under 21)
Presently live in the U.S.
One or both parents abandoned, abused, or neglected the child and
A parent or legal guardian can take sole primary and legal custody
*Subject to other requirements
What is the process?
Three Steps:
Obtain a custody order from your local family court with specialized immigration findings
Apply for the immigration visa using Form I-360 (SIJ Petition)
Wait until the government says the child’s visa is available
What are the fees?
State fees apply to file custody petition. Virginia courts charge $25 per parent or legal guardian petitioning. Free to apply with immigration services once you have a custody order. Our law firm has professional fees and we can work with you on a payment plan.
"USCIS - San Jose ASC" by naotoj is licensed under CC BY-NC-SA 2.0
Frequently Asked Questions (FAQs)
I am not the parent of the child; however, I am the temporary legal guardian- can I get custody of the child?
Potentially yes. Third party legal guardians may be able to get custody of a child if they can show both parents are unfit or unable to assume custody, and show it is in the best interest of the child to be in their custody. If both parents abandoned the child, often a sibling, grandparent, or an immediate relative may step in as the petitioning legal guardian.
Is a simple custody order enough to get SIJS?
No, immigration services require a custody order with specialized immigration findings concerning abandonment, abuse or neglect according to state law. You must obtain the correct type of order otherwise immigration will reject the SIJ petition.
I am 18 years or older, can I still apply?
It depends where you live. In Virginia, no. Virginia treats persons 18 or older as adults. Therefore, the child’s custody must be decided before they turn 18. In Maryland, the age of majority is 21. Our lawyers currently are licensed in Virginia.
How old must I be when I file the SIJ Petition?
Under 21 years of age. Only at the time you file the SIJ Petition.
Can my child get a work permit through SIJ?
Unfortunately, no. Once the child can apply for residency (“a green card”) they must submit a work permit application. Generally, a work permit takes 4-5 months to be issued.
How long must my child wait to apply for residency?
It depends what country the child is from and the government processing times. If the visa is currently available, the child may apply for a green card.
| Country | Wait Time (Approx.) |
|---|---|
| El Salvador, Guatemala, Honduras | 3 years |
| Mexico | 2 years |
| China, India, Philippines and Vietnam | Currently Available |
| Other countries not listed | Currently Available |
August 2020 State Dep’t Visa Bulletin, SIJ Visas
Once my child becomes a resident can he or she help me get legal status?
Unfortunately, no. Under current immigration law, SISJ based green card holders cannot petition for their parents.
I am an undocumented parent or legal guardian. If the child gets an approved SIJ petition, can I remain here even if I do not have legal status?
Possibly but each case is different. If you are undocumented but the only present care-taking parent or legal guardian, immigration may allow you to stay. If the child has a pending or an approved SIJ petition, that may help your reasons to remain. If the parent or legal guardian is within their own deportation proceedings, they must remain here until at least the conclusion of their case. Once the child becomes an adult, you should consult an attorney about your options. Please speak more to an attorney about the specific case.
The child is in deportation proceedings, can he or she apply for a SIJS visa?
Yes. In fact, it is in the child’s best interest to do so. An Immigration Court may take into consideration whether the child is eligible for or has an approved SIJ petition. Our lawyers are here to help and guide you and the child in the process as each case is different.
The child has a removal or deportation order against them- can he or she still apply?
Potentially yes. Please speak more to our lawyers to find the best solution.
The father or mother is back home in the child’s country- do I have to advise him of the custody case?
Yes, the law requires that the parent(s) against who custody proceedings have begun be notified. We must the court that the parent or parents were notified of the time and place of the custody hearing to take place. If we cannot locate them, we must show that you tried your best. Please talk to a lawyer about what the recommended notification option is.
I do not know where the mother or father of the child resides- how do I notify them?
The law affords options. You can publish a copy of the petition and time and date of the hearing for a period of time, or, in some circumstances, if you know the parent(s) last known address, we may be able to serve a family member if he or she is not home when service is attempted.
"Green card!" by judemat is licensed under CC BY-NC 2.0
Why it is valuable for the child to acquire an SIJS visa?
It is a great opportunity for the child to seek legal status. Depending on their case and what country they are from, they will be able to apply for a green card. If they successfully become a green card holder, they will be able to apply for citizenship after 5 years long as they meet other requirements.
Contact our office for a free consultation. We look forward to helping you and your loved one.
This post was written by Christian A. Vega, Esq.
Disclaimer: The above post was created for informational purposes and for the general welfare of the public. The firm and its attorneys disclaim any liability, damages, or injury to an individual relying on this information, including any negative, adverse or unintended consequences. You should consult an experienced immigration or criminal attorney before taking action because each case is fact specific. Neither does this post create an attorney-client relationship.