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The Juvenile Visa, officially known as Special Immigrant Juvenile Status (SIJS), is a form of legal protection granted to minors in challenging situations. It is intended for young foreign nationals who are in the United States without their parents or under circumstances that require intervention by a juvenile court.
This humanitarian program seeks to protect youth who have been victims of abuse, abandonment, or neglect by one or both parents. Through the Juvenile Visa, these non-citizen minors have a legal pathway to obtain permanent residency in the United States and, eventually, U.S. citizenship.
To be eligible for the Juvenile Visa, the minor must generally meet specific requirements, such as:
1. Be under 21 years old: When submitting the initial application through Form I-360.
2. Reside in the United States: An application to enter the U.S. under the SIJ classification cannot be submitted from abroad. The applicant must be in the country when filing the petition and when USCIS decides.
3. Be unmarried: The applicant must not be married, or if previously married, must provide proof that the marriage was annulled, ended in divorce, or the spouse has passed away. The applicant must be single when submitting the petition and when USCIS decides.
4. Have a court order from a U.S. juvenile court stating that:
• The individual depends on the court, under the custody of a state agency, department, or a person or entity designated by the court.
• The individual cannot reunite with one or both parents due to abuse, abandonment, or neglect. Additionally, the individual cannot return to their home country or the last habitual residence of their parents, as they would be in danger.
• The individual has been abused or abandoned by one or both parents or is undergoing adoption or guardianship proceedings.
To apply for SIJS, the following forms and supporting documents must be submitted to USCIS:
1. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
2. Documents proving the applicant’s age, such as a birth certificate, passport, official identity document issued by a foreign government (military ID or national ID), or any document demonstrating the petitioner’s age. It is important to note that all documents must be translated and certified in English.
3. Valid orders from a Juvenile Court that make the required determinations and include or are supported by evidence of the factual basis for the court’s findings.
4. If the applicant is in the custody of HHS and the juvenile court, written consent (PDF) from the U.S. Department of Health and Human Services (Office of Refugee Resettlement) is also required.
5. If the applicant has an attorney or accredited representative, they must complete Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
Sometimes, delays such as slow mail delivery or the time required to obtain the necessary order from the state court can prevent you from filing your petition before turning 21. To help you file Form I-360, you can file it in person at a local USCIS office within two weeks before your 21st birthday.
To file Form I-360 in person within the two weeks before turning 21, you or your attorney/representative must contact the USCIS Contact Center at 800-375-5283 or use the My Appointment page to request an expedited SIJ appointment with a local USCIS office.
The local office will accept your Form I-360 at the appointment, date-stamp the first page, and give you a photocopy. The form and supporting documents will be sent to the USCIS lockbox for processing.
The USCIS lockbox will follow standard receipt procedures. The application may be rejected if Form I-360 is filed incorrectly (for example, if it is unsigned), so it is recommended that you carefully check that every field is completed. If your petition is accepted, you will receive Form I-797, Notice of Action, with the date the local USCIS office physically received your Form I-360.
Although the Juvenile Visa provides a pathway to stability and security for vulnerable youth, the process can be complex and requires strong legal representation. Applicants and their families must seek the support of experienced immigration attorneys, such as those at Oasis Legal Group, to navigate the process and ensure a favorable outcome.
What is Special Immigrant Juvenile Status (SIJS)?
SIJS is a form of immigration relief for young immigrants who have been abused, abandoned, or neglected by one or both parents. This status allows them to apply for permanent residency in the United States.
Who qualifies for SIJS?
To qualify for SIJS, a young person must be under the jurisdiction of a juvenile court and receive a court order stating they have been abused, abandoned, or neglected. Additionally, they must be under 21 and unmarried.
What is the processing time for an SIJS application?
Processing times for SIJS applications can vary significantly depending on the case and USCIS’s workload. Before submitting the application, it is also important to factor in the time needed to obtain the necessary court order.
What happens if the applicant turns 21 during the application process?
If a young person turns 21 during the application process, they may still be eligible for SIJS as long as the application was filed before their 21st birthday. However, submitting the application as early as possible is best to avoid complications.
Can parents be included in the SIJS application?
No, the young person’s parents cannot receive immigration benefits through SIJS. Once the individual obtains SIJS, they cannot petition for their parents to gain residency.
