Special Immigrant Juvenile Status (SIJ)

1. What is Special Immigrant Juvenile Status (SIJS)?
   SIJS is a visa classification that provides a pathway to lawful permanent residency for foreign children in the United States who have been abused, neglected, or abandoned by one or both parents.

2. Who is eligible for SIJS?
   Children under the age of 21, unmarried, and present in the U.S. who have a juvenile court order stating they cannot reunify with a parent due to abuse, neglect, or abandonment may be eligible.

3. What role does a juvenile court play in the SIJS process?
   A juvenile court must declare the child dependent on the court or legally commit the child to a state agency, individual, or entity, and deem the child eligible for SIJS.

4. Do applicants need an attorney for SIJS proceedings?
   While not legally required, having an attorney with experience in immigration and family law can significantly increase the chances of a successful outcome.

5. Is there an age limit for applying for SIJS?
   Yes, the applicant must be under 21 years old at the time of filing for SIJS.

6. Can children from any country apply for SIJS?
   Yes, children of any nationality present in the U.S. can apply if they meet the other eligibility criteria.

7. What evidence is required for an SIJS application?
   Evidence includes the juvenile court order, proof of the child's age, evidence of abuse, neglect, or abandonment, and immigration status documents.

8. Does obtaining SIJS lead to a green card?
   SIJS is a step towards obtaining lawful permanent residency (a green card).

9. What happens if the child turns 21 during the SIJS process?
   As long as the petition was filed before the child turned 21, they remain eligible for SIJS even if they turn 21 during the process.

10. How does a child begin the SIJS process?
    The process typically starts with obtaining a qualifying juvenile court order, followed by filing Form I-360 with USCIS.

11. Can an SIJS applicant be deported during the application process?
    Once the I-360 petition is filed, applicants are generally protected from removal proceedings.

12. How long does the SIJS process take?
    Processing times vary, but it generally takes several months to a year or more for USCIS to process the I-360 petition.

13. Can a child who has been adopted qualify for SIJS?
    Yes, if the child was abused, neglected, or abandoned by one or both biological parents.

14.How does SIJS differ from asylum?
    SIJS applies specifically to minors who were mistreated by a parent, while asylum protects individuals fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

15. Can siblings file for SIJS together?
    Each child must individually qualify for SIJS and submit a separate application.

16. Is a medical examination required for SIJS?
    A medical examination is required later in the process when applying for adjustment of status to a lawful permanent resident.

17. Can an SIJS applicant work in the U.S.?
    Applicants may apply for work authorization while their SIJS and green card application is pending.

18. What is the role of an immigration law firm in the SIJS process?
    An immigration law firm assists in gathering evidence, completing necessary forms, and representing the child in legal proceedings.

19. Can SIJS applicants travel outside the U.S.?
    Travel is not advised during the SIJS process without first obtaining advance parole.

20. Will the child's information be shared with immigration enforcement agencies?
    Information provided to USCIS for humanitarian benefits like SIJS is generally protected from disclosure to ICE for enforcement purposes.

21. Is it possible for an SIJS to be denied?
    Yes, SIJS can be denied if the applicant does not meet the eligibility requirements or if there is a failure to provide sufficient evidence.

22. What types of juvenile court orders qualify a child for SIJS?
    Orders that declare the child dependent on the court or legally place the child under the custody of an agency or a private individual and determine return to the home country is not in the child's best interest.

23. Does SIJS affect the legal status of the child's parents?
    No, SIJS focuses on the child and does not provide immigration benefits to the parents.

24. If a child is approved for SIJS, how long before they can apply for citizenship?
    After five years of having a green card, an SIJS recipient may apply for U.S. citizenship.

25. Can an immigration law firm in Massachusetts help with SIJS cases from other states?
    Immigration law is federal, so a law firm in Massachusetts can represent SIJS cases in any state, but it's important to consider state-specific family laws when dealing with juvenile courts.