Caring Legal Support For Special Immigrant Juveniles (SIJ)
At MCD Immigration Law, P.C., we dedicate ourselves to supporting young immigrants who face challenging circumstances such as abuse, neglect or abandonment by their parents.
Our services include helping young people apply for Special Immigrant Juvenile (SIJ) status, which can provide a pathway to legal status in the United States and the opportunity to apply for lawful permanent residency (a green card) without your parents.
Our experienced SIJ immigration lawyer, Mabel Covarrubias-Doucette, passionately represents people in Salem and across Massachusetts in a wide variety of immigration issues. Se habla español.
If you are a young immigrant facing parental mistreatment, we encourage you to connect with our firm. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.
Who Qualifies For Special Immigrant Juvenile Status?
Special Immigrant Juvenile (SIJ) status is a significant form of relief for young immigrants who are currently in the United States and who are under the protection of a juvenile court due to mistreatment by a parent. SIJ status conveys legal status in the U.S. and can allow you to get a green card and eventually become a U.S. citizen.
To be eligible for SIJ status, you must meet the following criteria:
- Be under 21 years old at the time of the SIJ petition filing
- Reside in the U.S. during both the applying and when the U.S. Citizenship and Immigration Services (USCIS) makes a decision
- Remain unmarried throughout the application process and USCIS decision period
- Possess a juvenile court order from a U.S. state court that declares your dependency on the court or custody of a state agency, and confirms that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or similar reasons under state law
- Demonstrate that returning to their home country is not in your best interest
- Obtain USCIS consent, verifying that your juvenile court order was sought for relief from abuse or similar reasons and not primarily for obtaining immigration benefits
- If you are in the custody of the Department of Health and Human Services, have written consent from the Office of Refugee Resettlement for the court’s jurisdiction over custody changes or placements
As your Massachusetts juvenile visa lawyer, Ms. Covarrubias-Doucette can explain whether you meet these criteria and what else you need to do to apply for SIJ status.
What Forms Are Required To Petition For Special Immigrant Juvenile Status?
To apply for SIJ classification, certain forms and documents must be submitted to USCIS:
- Form I-360, “Petition for Amerasian, Widow(er), or Special Immigrant”
- Proof of age, which may include a birth certificate, passport or other official documents
- A valid juvenile court order with the necessary determinations and supporting evidence
- Written consent from the U.S. Department of Health and Human Services Office of Refugee Resettlement if applicable
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you have a lawyer
Remember, you must file Form I-360 before your 21st birthday. If you will be turning 21 soon, you may wish to file in person at a USCIS field office. As your SIJ status attorney, Ms. Covarrubias-Doucette will advise you on how to proceed.
Can You Apply For A Green Card Based On Special Immigrant Juvenile Status?
If you have been granted Special Immigrant Juvenile (SIJ) status, you may become a lawful permanent resident of the United States. The next step in this journey involves applying for a green card, officially known as permanent residency.
To do this, you must complete and submit Form I-485, “Application to Register Permanent Residence or Adjust Status.” This form is your formal request to change your current immigration status to that of a lawful permanent resident.
Filing Form I-485 is a crucial step, but it’s important to understand that the timing of your application can be influenced by the availability of immigrant visas.
In the case of SIJ status holders, you fall under the employment-based fourth preference (EB-4) category of immigrant visas. Sometimes, there can be delays due to annual limits on the number of visas issued in this category. It is a good idea to check the current visa availability or consult with an immigration attorney to get an understanding of potential wait times.
By successfully adjusting your status to that of a lawful permanent resident, you will enjoy many benefits, including the ability to live and work permanently in the U.S. Furthermore, this status provides a foundation upon which you can eventually apply for U.S. citizenship, should you choose to do so.
Contact MCD Immigration Law, P.C., Now
Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.We are committed to supporting you every step of the way.