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Special Immigrant Juvenile Status

SPECIAL IMMIGRANT JUVENILE STATUS – BACKGROUND

Special Immigrant Juvenile Status, otherwise referred to as “SIJS,” is a special form of relief that has been codified in United States federal law in the Immigration & Nationality Act (INA) § 101(a)(27)(J). This form of relief is often use by unaccompanied minor children who enter the United States and cannot be reunified with one or both of their parents because of abuse, neglect, or abandonment.

SPECIAL IMMIGRANT JUVENILE STATUS – ELIGIBILITY

A child can apply and possibly obtain Special Immigrant Juvenile Status if:

  1. The child has been declared dependent by a juvenile court in the United States or who has been placed by such court in the custody of a state agency or other individual or entity;
  2. The child must not be able to reunified with or both of his or her parents due to abuse, neglect, abandonment, or a similar basis found under the state law that the child is applying in;
  3. It is not in the best interest for the child to be returned to their home county or country of last residence;
  4. The child has not engaged in certain forms of criminal conduct (if the child has a criminal record they may be able to apply for a waiver to forgive those crimes); and
  5. For Texas cases, the child must be under 18 years old.

Special Immigrant Juvenile Status can be granted even if the child is living with one parent.

SPECIAL IMMIGRANT JUVENILE STATUS – PROCEDURE

Special Immigrant Juvenile Status cases require a lot of work because the child will be placed into two courts: family court and immigration court.

The family court judge will have to make certain findings of eligibility before the child will be able to file their Special Immigrant Juvenile Status application. These findings include that the child is unable to return to their home country or country of last residence because reunification with one or both of their parents is not viable to due to abuse, abandonment, or neglect. These findings are made in family court because traditionally family courts are best equipped to make decisions for the best interests of a child. A family court will not grant a child lawful immigration status in the United States. The immigration judge and the United States Citizenship and Immigration Services are the only ones who can grant the child lawful immigration status in the United States.

Once the order of the family court is approved, the child will then be able to petition for Special Immigrant Juvenile Status and proceed with their case. Eventually, if the child is successful, he or she will receive permanent residency in the United States and will be given a green card.

Whether the child will go through the United States Citizenship and Immigration Services or see an immigration judge will depend on whether or not the child is in federal custody.

SPECIAL IMMIGRANT JUVENILE STATUS – BENEFITS

If a child is granted Special Immigrant Juvenile Status the child enjoys all of the benefits of having permanent residency in the United States, including:

  • Access to financial aid programs for higher education;
  • Can apply for United States citizenship 5 years after being a permanent resident; and
  • Work legally
WHAT THE LAW OFFICE OF ARMAND JAWANMARDI CAN DO FOR YOU

Special Immigrant Juvenile Status cases can be difficult to win without an experienced attorney by your side. These cases involve both family law and immigration law components so it is essential to have someone explain to you both sides of the process. It is also important to remember that this form of relief will expire if the child turns 18 years old so it is crucial to act fast and schedule a consultation if you know of anyone who may be eligible for this law.

You need and deserve a law firm and an attorney who will stand by your side through the Special Immigrant Juvenile process and defend you to the end. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when applying for Special Immigrant Juvenile Status and what we can do for you at 713-999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.

Client Reviews

★★★★★
Llamé al abogado de inmigración Armand porque no sabía que tenía una orden de deportación. Nunca recibí un aviso de que tenía que ir a la corte y el juez continuó mi audiencia sin mí y me ordenó deportatada. Me reuní con Armand en su oficina y rápidamente investigó mi caso y presentó una moción para intentar reabrir mi caso de deportación. Ganamos y ahora puedo permanecer en los Estados Unidos sin temor a que alguien me arreste y deporte. Gracias a mi abogado de inmigración. Ismelda R.
★★★★★
We found Armand through a friend who recommended him and had a great experience using his services. My husband was detained by immigration because they came to the wrong house but found that he was living in the United States without documentation. I was desperate and called Armand for help. I was surprised when he answered because it was over the weekend and it was late but I am glad he did. He patiently listened to me and visited my husband at the detention center. He then devised a strategy to try and get him released from custody. THANK GOD WE FOUND HIM. Armand’s hard work led to the immigration judge giving my husband a bond. My husband is now home with us and we look forward to working with Armand to legalize him in the future. Armand is the best. I highly recommend him. Jennifer L.
★★★★★
Mi hijo fue arrestado por conducir sin licencia y luego la inmigración fue a buscarlo mientras estaba en la cárcel. Inmigración lo trasladó a un centro de detención que estaba sucio y no lo alimentaron. Queríamos sacarlo rápidamente. Llamamos a Armand y en unas pocas semanas el juez ya le dio una fianza de inmigración y lo liberó! Le debemos todo a nuestro abogado. Muy honesto e inteligente. El abogado luchas para la comunidad latina. Javier M.
★★★★★
If you need a legal service, you should hire my Attorney Armand Jawanmardi. He is from Texas. He is the best, very professional. He took care of my Adjustment of Status case. He answers all the questions and everything we need to know, and when you email him, he answers right away. Thank you so much for your service. Texas I highly recommend Atty. Armand Jawanmardi. Jay E.