Thousands of young people seek legal status to live, work, and study in the United States yearly. If you are one of them, SIJS or juvenile status can help you obtain the status you need to secure your future in the country.
However, What is juvenile status? How to apply? What documentation do you need to submit? In this guide you will find all the information you need. If you would like to begin processing your juvenile status, the experts at Urbina Immigration Law can help you. Contact us today and take the first step towards a better future.
Table of Contents
What is juvenile status?
Special Immigrant Juvenile Status (SIJS) or Juvenile Status is a program that provides legal status to young migrants who have been abused, abandoned, or neglected by their parents. If approved, it could also be a pathway to permanent residency.
What requirements must I meet to apply for juvenile status in the United States?
The requirements for obtaining juvenile status in the U.S. may vary in the United States may vary depending on your age and status at the time of filing. In the following table you will find the general requirements depending on your situation:
| You can apply for Juvenile Status if… | At the time of… |
| You are under 21 years of age. | At the time of filing your application for Juvenile Status in the United States. |
| You currently live in the United States and/or are unable to apply from abroad to enter the country with Juvenile Status. | At the time you file your petition for Juvenile Status in the United States and at the time, USCIS makes a decision on the petition. |
| You are single (never married or your marriage ended in annulment, divorce, or widowed). | At the time you file your SIJS application and at the time USCIS makes a decision on your petition. |
| You have a valid order issued by a state juvenile court in the United States that determines: – That is either a dependent of the court, or is in the custody of a state agency, department, person or entity designated by the court. – Who is unable to be reunited with a parent because of abuse, neglect, maltreatment and/or similar cause under state law. – That returning to your country of origin, your last habitual residence or that of your parents is not in your best interest. Note: Please be aware that some juvenile courts will only be able to issue an order if you are under 18 years of age. | At the time you file your application for Juvenile Status as well as at the time USCIS makes a decision on your application. Exceptions: you need not currently be under the jurisdiction of the juvenile court that issued your order if the court’s jurisdiction terminated because: – You were adopted or placed in permanent custody. – You are over the age limit for juvenile court jurisdiction. |
| Be eligible for USCIS consent (i.e., have sought the order of the juvenile court for assistance with abuse, abandonment, neglect, or similar cause and not with the intent to obtain an immigration benefit) | At the time USCIS makes a decision on your application for Juvenile Status in the United States. |
| Have written consent from the Department of Health and Human Services (HHS) and/or the Office of Refugee Resettlement (ORR) to the court’s jurisdiction if: – You are currently in the custody of HHS. – The juvenile court order also changes your custody status or placement. | At the time USCIS makes a decision on your application for Juvenile Status in the United States. |
These requirements must be met both at the time the application for Juvenile Status in the United States is filed and when USCIS makes a decision on the application. Therefore, it is recommended that you consult with an attorney who will keep you informed of the requirements that must be met based on your particular situation.
How to obtain Juvenile Status in the United States?
Step 1 – Gather and submit the required documents
Obtain and submit the necessary documents, such as a completed Form I-360 , proof of age, and juvenile court orders showing abuse, abandonment, or neglect. Also, make sure you have HHS consent and Form G-28 (if applicable).
Step 2 – Verify your age and the urgency of your case
Confirm that you filed your application before your 21st birthday. If there is a risk of missing the deadline, request an urgent appointment with USCIS at 800-375-5283. This is extremely important as failure to do so may result in your application being rejected for non-compliance.
Step 3 – Consider applying for Deferred Action and Green Card (Optional)
If your juvenile status was approved but you are unable to adjust your status due to a lack of available visas, consider deferred action to avoid deportation and access a number of benefits. If your petition is approved, you may apply for a Green Card.
Step 4 – Processing and Follow-up
Upon receipt of all necessary documentation, USCIS will review your application. Please note that if further evidence is needed, you will receive a Request for Evidence (RFE). You can check the status of your case online or by contacting USCIS at 800-375-5283.
What documents do I need to apply for Juvenile Status in the United States?
To obtain juvenile status in the United States, you must submit the following documentation:
- Form I-360Petition for Amerasian, Widow(er), or Special Immigrant.
- Proof of Age: Provide one of the following documents (with English translation if necessary):
- Birth certificate.
- Passport.
- Official identity document of a foreign government.
- Juvenile Court Orders: Obtain valid orders from a juvenile court stating that:
- You are a dependent of the court or are in the custody of a state agency.
- Unable to be reunited with parents due to abuse, neglect, maltreatment, or other similar causes.
- Returning to your country is not in your best interest.
- HHS Written Consent (if applicable): If you are in the custody of the Department of Health and Human Services (HHS) and/or court orders change your status or custody, obtain their written consent.
- Form G-28 Notice of Appearance as Attorney or Accredited Representative(if you have an attorney or legal representative).
- Deferred Action (if applicable): If your application for juvenile status was approved but you are unable to adjust status due to a lack of available visas, consider applying for deferred action.
Do not face this difficult process on your own. The attorneys at Urbina Immigration Law can help you gather all the necessary documentation and file it in accordance with USCIS filing instructions. Tell us your case today and take the first step towards a better future.
Benefits of juvenile status in the United States
Obtaining juvenile status in the United States brings multiple benefits. Among the most important are:
- Permanent Residency: Juvenile status in the United States provides the possibility of obtaining a Green Card, which allows legal residence in the country indefinitely.
- Employment Authorization: Beneficiaries of juvenile status in the United States obtain work authorization, which allows them to work legally and gain economic independence.
- Legal Stability: SIJS grants legal status in the United States, providing security and protection against deportation.
- Social Benefits: Depending on specific requirements, SIJS beneficiaries may qualify for various social benefits, such as medical care and assistance programs.
- Education and Opportunities: SIJS beneficiaries have access to educational opportunities and can improve their language skills, which contributes to a better quality of life.
- No Financial Support Required: Unlike other options, children applying for SIJS do not need to demonstrate financial support from a sponsor or family member.
Do not face this complicated process alone. At Urbina Immigration Law we can help you obtain the juvenile status you need to secure your future in the United States. Contact us today and let’s fight together for your right to a better future.
Can juvenile status in the United States be denied?
Yes, an application for juvenile status in the United States can be denied. There are several reasons why USCIS can deny you a juvenile visa but the most common are:
– Unfulfilled requirements.
– Incomplete documentation.
– Lack of evidence of genuine intent.
– Criminal record.
How long does it take to process juvenile status in the United States?
Generally, USCIS makes decisions on applications for juvenile status in the United States within 180 days (approximately six months) of the official filing date of the Form I-360.
However, if the immigration authorities consider that you did not submit sufficient evidence, the processing of your case stops at the time the Request for Evidence is sent. It will restart once USCIS receives your response.
What is Deferred Action for Juvenile Status in the United States?
Deferred Action for Juvenile Status in the United States is an immigration relief that provides temporary protection to certain individuals who are unable to adjust their status due to a lack of available visas.
Deferred Action postpones removal from the country for a specified period and allows beneficiaries to apply for employment authorization. However, it does not confer permanent legal status and is granted at the discretion of USCIS.
What is a State Juvenile Court Order?
A State Juvenile Court Order for Juvenile Status in the United States is a ruling issued by a juvenile court in the United States. This court, regulated by state law, decides on the custody, care and dependency of minors.
The order confirms whether the child has suffered abuse, neglect, abandonment or other maltreatment that prevents reunification with the parents. This is a key document in determining an applicant’s eligibility for Juvenile Status in the United States.
Can I apply for a Green Card if I have a juvenile status in the United States?
Yes, you can apply for a Green Card if you have a juvenile status in the United States. The Special Immigrant Juvenile classification provides the opportunity to seek lawful permanent residence in the country.
However, please note that this process involves complying with SIJS and adjustment of status requirements through Form I-485. Therefore, it is important to consult with a professional who can determine your eligibility for both immigration benefits.
Sources
USCIS – Special Immigrant Juveniles
USCIS – Child Status Protection Act
USCIS – Green Card Based on Special Immigrant Juvenile Classification
Other resources
Juvenile Visa: benefits and drawbacks you should know about
Juvenile Visa (SIJS) Approved: What’s next? Find out everything you need to know
