1. What is SIJS?

SIJS (Special Immigrant Juvenile Status) is a form of immigration relief for children who have been abused, abandoned, or neglected by one or both of their parents. It grants certain juveniles legal permanent resident status in the United States. This form of relief can be sought by children who are eligible for long-term foster care or other forms of court-ordered custody due to abuse, neglect, or abandonment, and who have been declared dependent on a juvenile court in the United States.

2. Who is eligible for SIJS?

The Special Immigrant Juvenile Status (SIJS) program is available to foreign-born children who have been declared dependent on a juvenile court in the United States due to abuse, neglect, or abandonment by one or both parents. The child must also be unmarried and under the age of 21. Additionally, they must not have a lawful immigration status in the U.S.

3. Where do I go to apply for SIJS?

To apply for SIJS, you must submit your application to United States Citizenship and Immigration Services (USCIS). You can find more information on the USCIS website, or you can contact an immigration lawyer or accredited representative for assistance.

4. What documents will I need to provide to be eligible for SIJS?

To be eligible for SIJS, you must submit a variety of documents, including but not limited to: proof of your age, a birth certificate or passport; evidence that you have been declared dependent on a juvenile court in the United States; evidence of an abuse, neglect, or abandonment, such as medical records, police reports, social services records, school records, psychologist/psychiatrist records, or court documents; proof of identity; proof of residenc in the United States; and evidence of attempts to reunify with a parent or legal guardian, if applicable.

5. How do I prove my age for SIJS eligibility?

You must provide the court with a valid form of identification, such as a birth certificate, passport, or driver’s license, that proves your age. You may also be asked to provide proof of your immigration status.

6. How much will the application process cost?

The cost of the application process depends on the individual college or university. Generally, there is an application fee that can range from around $25 to $90. Other associated costs may include fees for standardized tests, submitting transcripts, and submitting letters of recommendation.

7. When can I submit my application?

You can submit your application anytime.

8. What is the expected processing time for an SIJS application?

The expected processing time for an SIJS application varies depending on the individual case. Generally, the process can take up to several months or even years. USCIS estimates that the average processing time for an SIJS application is 8 months, but this can be affected by factors such as the complexity of the case and the availability of information.

9. Are there any exceptions to the requirements to qualify for SIJS?

Yes, there are exceptions to the requirements to qualify for SIJS. For example, some unaccompanied minor children may be eligible for SIJS without first meeting the burden of proof required by the “best interests” standard. Additionally, minors who have been physically present in the U.S. for fewer than three years may be eligible if they can demonstrate “exceptional and extremely unusual hardship” to themselves or their parents if they are returned to their home country.

10. Can SIJS be used to adjust a juvenile’s status to lawful permanent resident (LPR)?

Yes, SIJS can be used to adjust the status of a juvenile to lawful permanent resident (LPR).

11. Is there a fee associated with the USCIS Form I-360 petition for SIJS?

Yes, the filing fee for Form I-360 is $585.

12. Does an applicant have to travel abroad or within the United States to obtain an immigrant visa through SIJS?

No, an applicant does not have to travel abroad or within the United States to obtain an immigrant visa through SIJS. Most applicants will be able to apply for SIJS from within the United States. However, SIJS applicants who are outside of the United States may have to apply for an immigrant visa at a U.S. consulate abroad in order to enter the country legally.

13. Are there any medical requirements needed to obtain an immigrant visa through SIJS?

Yes, a medical examination is required before an immigrant visa through SIJS can be obtained. Applicants will be required to undergo a physical examination from a doctor who is a civil surgeon designated by the U.S. Department of State.

14. How do I obtain documentation of a court order or court letter from a juvenile court granting or approving a custody or guardianship order that is necessary for an SIJS application?

Your best bet is to contact the juvenile court that issued the court order or court letter and see if they can provide you with documentation. You may also wish to contact an attorney or other legal professional that specializes in immigration law for assistance in obtaining the necessary documentation.

15. What happens if I am denied my application for SIJS?

If you are denied for SIJS, you may appeal the decision or consult with a qualified immigration attorney to explore other options. Additionally, you may be able to reapply if your circumstances have changed.

16. Are there any limitations on what activities a juvenile can participate in while they are applying for SIJS?

Yes, there are limitations on activities a juvenile can participate in while they are applying for SIJS. For example, individuals under the age of 18 are not allowed to work in certain jobs and activities, such as those involving hazardous materials or weapons. Additionally, juveniles must comply with any court orders or guardianship arrangements that may be in place.

17. Can an individual apply for a waiver of certain requirements related to applying for SIJS?

Yes, an individual can apply for a waiver of certain requirements related to applying for Special Immigrant Juvenile Status (SIJS). Waiver requests are considered on a case-by-case basis by the U.S. Citizenship and Immigration Services (USCIS).

18. Do I need an attorney’s assistance in applying for SIJS?

Yes. It is generally recommended that an attorney be consulted when applying for SIJS. An attorney can help you understand the legal complexities of the process and provide advice on how to best prepare your application.

19. Can I apply for SIJS more than once in my lifetime?

No, you can only apply for SIJS once in your lifetime.

20. How long is the validity period of an immigrant visa obtained through the SIJS process?

The validity period of an immigrant visa obtained through the SIJS process is determined by the specific embassy or consulate that issued it. Generally, the validity period is six months from the issuance date.