Immigration Protection for Minors Who Cannot Reunify with One or Both Parents
Special Immigrant Juvenile Status, known as SIJS may be an immigration protection option for certain minors in the United States who have experienced abandonment, abuse, neglect, or another situation that makes reunification with one or both parents impossible.
This benefit is designed to protect the child’s well-being. It is not only an immigration process. It requires analyzing the minor’s family history, current situation, state or family court decisions, and applicable immigration requirements.
At Canto Legal Immigration Attorneys, we handle these cases with care, sensitivity, and urgency, especially because the minor’s age can be an important factor.
Timing Can Be Very Important
To apply for SIJS before USCIS, the person must generally be under 21 years old and unmarried at the time Form I-360 is filed.
However, state laws related to guardianship, custody, and juvenile court jurisdiction may have different age limits. That is why it is important to review the case as soon as possible.
The Court Must Make Specific Findings
In many cases, a state court must determine that the minor is dependent on the court, under the custody or guardianship of a person or entity, and cannot reunify with one or both parents because of abuse, abandonment, neglect, or a similar basis under state law.
The court must also determine that it is not in the minor’s best interest to return to their country of nationality or last habitual residence.
SIJS May Open a Path Toward Permanent Residence
An SIJS approval does not automatically mean permanent residence will be immediate in every case. Visa availability and other requirements may affect when a person can apply for adjustment of status.
Some individuals with SIJS classification may apply for adjustment of status when a visa is available and they meet the applicable requirements.
Helping Protect the Minor’s Immigration Future with a Clear Strategy
SIJS cases involve family, state court, and immigration matters. Our team helps families, guardians, and responsible adults understand what may be needed before filing a petition with USCIS.
During the process, we help you:
- Analyze whether the minor may meet the general SIJS requirements.
- Review the relationship with one or both parents.
- Identify situations involving abandonment, abuse, neglect, or lack of reunification.
- Evaluate what type of state court order may be necessary.
- Review the minor’s age and possible important deadlines.
- Organize family, civil, school, medical, and immigration documents.
- Prepare Form I-360, when appropriate.
- Evaluate future options for adjustment of status or permanent residence.