For many young Latino immigrants, the process of obtaining Special Immigrant Juvenile Juvenile Status (SIJS) can be a long and difficult road. However, after the difficulties of the process and with good legal help, it is possible to get the SIJS or Juvenile Visa approval.
Now, immediately after receiving this great news, many people ask, “I have my Juvenile Visa approved, What’s next? How long does it take to get my Juvenile Visa Residency?” Much is written about the application process for this kind of visa, but little is said about what follows after approval.
Therefore, in this article, the immigration law experts at Urbina Immigration Law will explain the steps to follow after obtaining the Juvenile Visa for those who wish to obtain this status or are going through the process after its approval.
Table of Contents
Some particularities of the Juvenile Visa
First of all, let us point out that the Special Immigrant Juvenile Status (SIJS) or Juvenile Visa is unique among immigration remedies in that the application process requires the involvement of a state juvenile court. Such a court means a tribunal located in the United States that has jurisdiction under state law to make judicial decisions about the custody and care of children.
This means that, while applicants for other immigration remedies proceed only before federal immigration authorities, a minor seeking to obtain a Juvenile Visa must first apply to an appropriate judge of a competent state juvenile court, who will determine whether or not he or she applies for the benefits of this visa class.
Juvenile Visa Approved: What’s Next?
Thus, no minor may file his or her Juvenile Visa application with USCIS until he or she first obtains prior approval from an appropriate state juvenile court.
But do not get it wrong: the state court is not being asked to grant the child lawful immigration status; that responsibility rests solely with USCIS. The role of the state juvenile court in the Juvenile Visa application process is simply to determine whether the conditions for eligibility for this visa are met.
Once this occurs and a Juvenile Visa application is filed including these specific determinations, the minor (along with his or her attorney and legal representatives) may proceed with the immigration phase of the case by submitting the application to USCIS.
Upon adjudication and receipt of an approved Juvenile Visa application from USCIS through the Form I-360The last step is for the child to present a Application to Register Permanent Residence or Adjust Status through the Form I-485 to become a lawful permanent resident of the United States.
All of this can be an overwhelming process for a minor seeking to legally enter or reside in the United States. But Urbina Immigration Law can help you. We have the experience and expertise to guide young people seeking a Juvenile Visa through the process and help them improve their lives in the country.
How am I notified of USCIS’ decision regarding my Juvenile Visa?
If you do not receive a written decision at the end of your interview with a USCIS officer, it is important to ask the officer when and how a decision will be issued. However, if you have a receipt number for your Form I-360, you can check the status of the case on the USCIS website.
However, if the local USCIS office provides you with a Form I-360 without an interview, it is best to talk to your attorney and ask how you might receive a notice from the immigration agency. It is extremely important to be clear about the way in which you will be informed of your decision, as the outcome of your Juvenile Visa application process depends on it.
But, if the child is still in removal proceedings and receives an I-360 approval, you must prepare and file Form I-485 Application for Adjustment of Status (which will include a copy of the Form I-360 approval). Remember that because your adjustment of status application will be based on the approval of the Juvenile Visa, the child must remain eligible for this visa in order to adjust his or her immigration status in the country.
Please also note that a denial of a Juvenile Visa application may be appealed to the Administrative Appeals Office (AAO).
How long does it take for my Juvenile Visa application to be approved?
Under current law, USCIS is required to adjudicate and decide the I-360 application within 180 days of the filing of the application. However, there is no legal recourse if the deadline is missed, so it is recommended that you seek professional legal help if this happens.
At Urbina Immigration Law, we have the experience and expertise to guide young people seeking a Juvenile Visa through the process and help them improve their lives in the country.
How can I apply for Legal Permanent Resident Status?
The entity in charge of approving the application for Permanent Resident Registration (Form I-485) will depend on whether the child is in deportation proceedings or not.
If you are in removal proceedings, your application for Permanent Residence will be filed with the court, where the child must submit a copy of Form I-485 along with the fee or a waiver issued by the immigration judge. In addition to this, the judge must terminate your deportation proceedings in order to continue with your application for Permanent Residency. After this, you will receive an appointment from the court to take your biometric data.
Instead, if the child is not in removal proceedings, his or her attorney can file Forms I-360 and I-485 together with USCIS. In either case, however, the Residency application cannot be adjudicated until the Form I-360 has been approved.
Consider that it is important to plan ahead for the adjustment of status stage of the process as several of its requirements need some lead time, including obtaining delinquency records, if necessary, and a USCIS-approved medical examination.
Also note that the Form I-485 includes a long list of questions about the child’s conduct and history. Any unfavorable response should be explained on a separate page headed with the child’s name and A number.
However, you should not lose your cool if you encounter an inconvenient answer, since, as stated in the instructions, this is not automatically disqualifying, although it is always advisable to consult with an experienced immigration attorney for each of your answers.
In this regard, legal advice is essential to bring your application to a successful conclusion. At Urbina Immigration Law, we can guide you through the process and help you obtain Legal Permanent Residency in the United States.
Conclusion
In summary, the process of obtaining Special Immigrant Juvenile Juvenile Status (SIJS) can be complicated, but it is by no means impossible to achieve. Once approval is obtained from a state juvenile court, the immigration phase of the case can proceed by submitting the application to USCIS.
Upon adjudication and receipt of an approved Juvenile Visa application by USCIS, the final step is for the minor to file an Application to Register Permanent Residence or Adjust Status through Form I-485 to become a lawful permanent resident of the United States.
The denial of the Juvenile Visa application may be appealed to the Administrative Appeals Office (AAO)However, this whole process can be time consuming, and filing the necessary documentation for the application for Permanent Residence under the Juvenile Visa is already a complex task.
Therefore, it is extremely important that you seek legal advice from an immigration attorney with experience in both the Juvenile Visa Application and Permanent Residency processes, taking into account the particularities of the legal process as well as the situation of the minors who, in many cases, are forced to go through it.
At Urbina Immigration Law, we have the experience and expertise to guide young people seeking Special Immigrant Juvenile Status and Permanent Residency. We can help you navigate through this complex process and achieve your dreams of a better life in the United States.
Sources
USCIS – Special Immigrant Juvenile Special Immigrants
USCIS – Child Status Protection Act
USCIS – Green Card based on SIJS
FAQS
What is the Juvenile Visa?
Special Immigrant Juvenile Juvenile Status (SIJS) or Juvenile Visa is a unique immigration remedy, as its application process requires the involvement of a state juvenile court. This court will determine whether or not the minor applies for the benefits of this visa.
What happens after obtaining the Juvenile Visa?
After obtaining approval of the Juvenile Visa, the minor (along with his or her attorney and legal representatives) may proceed with the immigration phase of the case by filing the application with USCIS. Once the approved application is received by USCIS through Form I-360, the final step is for the minor to file an Application to Register Permanent Residence or Adjust Status through Form I-485 to become a lawful permanent resident of the United States.
How am I notified of USCIS’ decision regarding my Juvenile Visa?
If you do not receive a written decision at the end of the interview with a USCIS officer, you can check the status of your case on the USCIS website. If the local USCIS office provides you with a Form I-360 without interviews, you should talk to your attorney and ask how you will be notified by the immigration agency.
What happens if the child is still in removal proceedings and receives an I-360 approval?
If the child is still in removal proceedings and receives an I-360 approval, you must prepare and file a Form I-485 application for adjustment of status (which will include a copy of the Form I-360 approval). Remember that because your adjustment of status application will be based on the approval of the Juvenile Visa, the child must remain eligible for this visa in order to adjust his or her immigration status in the country.
How long does it take for my Juvenile Visa application to be approved?
Under current law, USCIS is required to adjudicate and decide the I-360 application within 180 days of filing. However, this process may take longer due to the workload of the USCIS office.
Other Resources
A Complete Guide to SIJS or Juvenile Status in the United States
Juvenile Visa: benefits and drawbacks you should know about
Why hasn’t my juvenile visa been approved?
How to obtain a Green Card in the United States – Updated Guide
What is the difference between Green Card and citizenship?
What are the Green Card categories?
