Obtaining an approved juvenile visa is the dream of many young people. However, upon receiving the news that your application has been rejected, it is understandable to feel discouraged and confused.
Do not despair. In this article the experts at Urbina Immigration Law will explore what to do when faced with an unapproved juvenile visa, the possible reasons behind that refusal, and tips to increase your chances of success in the future.
Table of Contents
Reasons why my juvenile visa has not been approved
Among the most common reasons why your special status for young immigrant may not have been approved are:
- Unfulfilled requirements
- Incomplete documentation
- Genuine intent test
- Criminal records
If your application has been rejected, it is essential to carefully analyze these aspects and consider obtaining legal advice or seeking alternatives to achieve your goal. In the following, we will unravel each of these possible reasons.
What are the requirements of the special status for young immigrant?
One of the most common reasons why your youth visa might not have been approved is the lack of compliance with specific requirements.
| You Must: | When? |
| Be less than 21 years of age. | At the time you file your application for Special Immigrant Juvenile Status (Form I-360). |
| Residing in the United States. | Both when you file your application and at the time of the USCIS decision. |
| Being single. | Both when you file your application and at the time of the USCIS decision. |
| Have an order issued by a state juvenile court finds that: You are dependent on the decisions of the court or a subsidiary. You cannot be reunited with either parent because of: Abandonment, abuse or mistreatment. You cannot return to your country of origin because this would be detrimental. | Both when you file your application and at the time of the USCIS decision. |
*EXCEPTIONS: You need not be under the jurisdiction of a court order if you were adopted or placed in permanent custody; or you are over the age limit of juvenile court jurisdiction.
Before starting the process, make sure you meet the requirements for this visa. If your application for Special Immigrant Juvenile Status fits these circumstances, do not hesitate to contact us today! At Urbina Immigration Law we will make sure that you obtain your approved juvenile visa.
What documentation and evidence do I need for an approved juvenile visa?
Another possible reason could be the submission of incomplete documentation or lack of convincing evidence of your genuine intention to travel or study abroad. This includes the signed application form and documents supporting your stay and purpose in the United States.
In order to obtain the approved juvenile visa and access the benefits of the special immigrant youth status, then you must submit the following documentation and supporting evidence then you will need to submit the following documentation and supporting evidence:
- Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant): You must complete and file this form before your 21st birthday to obtain the approved juvenile visa.
- Evidence of your age: You must provide documents proving your age. If they are not in English, a certified translation must also be submitted. Any of the following documents may be useful to you:
- Birth certificate.
- Passport.
- Official identity document issued by a foreign government (such as a cartilla or cédula).
- Valid Juvenile Court Order(s): You must present a valid court order (s) issued by a juvenile court. These must contain the required determinations made under state law regarding dependency or custody, reunification with parents and the child’s best interests. In addition, they must be supported by evidence of the factual basis for the judicial determinations and the relief ordered by the juvenile court against parental abuse.
- HHS Written Consent: If you are in HHS custody and the juvenile court also changes your custody status or placement, you must obtain written consent from HHS and submit it as evidence.
- Form G-28 (Notice of Appearance as Attorney or Accredited Representative): If you already have an attorney or accredited representative representing you in the SIJ application process, you must submit this form as notice of your appearance.
At Urbina Immigration Law we care about providing you with the best possible assistance. If your request for SIJS status fits these circumstances, feel free to contact us today!
Can I have my juvenile visa approved if I have a criminal record?
Finally, a criminal record or the presence of negative records may also influence the decision to deny a juvenile visa. For their part, applicants must disclose all arrests and charges filed against them when filing an application for adjustment of status through Special Immigrant Juvenile Status.
However, please note that the appearance of court orders or evidence that the juvenile is classified as a juvenile delinquent are not considered criminal convictions. In addition, depending on the crime for which you have been convicted, it may be possible to obtain an immigration waiver and move forward with the process.
SIJS applicants are exempt from the background/grounds for inadmissibility and a waiver is not required if:
- The minor is a public charge;
- You do not have a valid entry document;
- It is clandestinely in the United States
- You are working without authorization;
- Is present without admission or Parole (entry without inspection);
- He is implicated in document fraud and misrepresentation, including falsely claiming U.S. citizenship.
The road to SIJS protection can be complicated, but we are here to guide you. We are your best legal ally to achieve your immigration legal objectives.
What are the limitations of Special Immigrant Juvenile Status?
In principle, the Special Status for Young Immigrant has two major limitations to take into account, which are:
1) The child may never file a family petition before for either parent, which means that if the child suffered any abuse from one parent, the child may not petition for the other through the family immigration process.
2) All applicants for Special Immigrant Juvenile Status must be under 21 years of age. Otherwise, your application will be immediately rejected.
However, it should be noted that a great advantage of this program is that it does not matter whether the child entered the United States legally or illegally, since no financial support is required.
Will I have to go to an Immigration Court to get my juvenile visa approved?
Special Immigrant Juvenile Status considers abandonment, abuse and neglect as follows:
– Abandonment:
– When the child has no parental support due to abandonment or death.
– If the child is not supported by a parent for more than one year and is left in the care of only one parent.
– If the child’s parents do not provide the necessary support and supervision.
– If the parents refuse to accept custody of the child.
– Abuse:
– When the minor is forced to participate in illegal activities such as sex trafficking, prostitution, among others.
– If there is persistent sexual assault or abuse by one or both parents toward the child.
– If the minor is forced to perform forced labor or other activities against his or her will.
– Negligence:
– When the minor is subjected to emotional distress.
– If the parents do not protect the minor from gangs or situations of youth violence.
– If the child suffers serious emotional harm due to parental behavior or is subjected to cruel treatment.
– If the child cannot be adequately fed due to lack of resources.
– If the minor is forced to drop out of school for various reasons.
– If, from an early age, the child is forced to work.
These criteria of abandonment, abuse and neglect are considered by Special Immigrant Juvenile Status to determine a minor’s eligibility for legal protection in the United States.
My juvenile visa was rejected, can I get a Green Card?
If you do not qualify for Special Immigrant Juvenile Status (SIJ), you may still be able to obtain a Green Card through other methods. Some available options include:
– Family petition for U.S. residency.
– Apply for asylum if you meet the corresponding requirements.
– Apply for a U Visa if you have been a victim of certain crimes and collaborate with the authorities in the investigation.
– If you are engaged to a U.S. citizen, you may apply for a K-1 fiancé(e) visa and then adjust your status to permanent resident.
It is important to keep in mind that there are other avenues available, and each case is unique. We recommend that you seek legal advice to evaluate your options and determine the best strategy for obtaining a Green Card in your particular situation.
Unapproved Juvenile Visa? Talk to the experts!
We understand how frustrating it can be to receive a visa denial. Our team specialized in juvenile immigration is here to provide you with the necessary support. We will analyze your case, explore options and work tirelessly to help you achieve your dreams in the United States. Don’t give up! The road to SIJS protection can be complicated, but we are here to guide you.
Sources
USCIS – Special Immigrant Juvenile Special Immigrants
USCIS – Child Status Protection Act
USCIS – Green Card based on SIJS
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