Special Immigrant Juvenile Status Attorney in Milwaukee, WI
Special Immigrant Juvenile Status (SIJ) is a program that helps disadvantaged children obtain legal permanent residency in the United States.
U.S Immigration rules consider the conditions of different groups of individuals such as:
- An alien who wants to invest
- A student who wishes to learn
- Neglected children
- Abused or abandoned children
If you belong to any of these, you may be eligible for SIJ Status. Contact one of our Special Immigrant Juvenile attorneys now!
Miller & Miller Immigration Lawyers, LLC has helped immigrant clients of different ages and origins get legal status in the country. When it comes to immigration, no two cases are the same.
Getting an excellent SIJ status attorney who can investigate your circumstances and give you the legal assistance you require is what you need. For a free consultation, be sure to get in touch with us immediately.
What is Special Immigrant Juvenile (SIJ) Status?
Special Immigrant Juvenile (SIJ) status is an immigration solace provided to undocumented children in the United States. They have been abandoned, mistreated, or neglected by at least one parent and fulfill several additional criteria. Special immigrant juvenile status offers a way to citizenship, but it is a multi-stage process that includes family law and immigration law.
Every year, thousands of children and minors come to the United States without a parent or the presence of a legal guardian. The number has increased extensively due to gang violence, acute poverty, and national security issues in Central and South America in recent years.
If the child is not in foster care when they arrive in the United States, someone must be willing and able to seek and secure guardianship or custody. The child is presumed to be dependent on a juvenile court because the juvenile court decided the guardianship or custody petition or because the child is in foster care. One parent may seek custody of the child and subsequently petition for SIJ status due to the other parent’s abuse, neglect, or abandonment.
Who qualifies for special immigrant juvenile status?
Non-citizen children and young adults who have been neglected, mistreated, or abandoned by a parent may be eligible to get a green card or legal permanent residency in the United States through SIJ status. This is an easier way to obtain a green card for children who qualify. However, the procedure is extensive and should be carried out with an SIJ attorney.
The application procedure must start while the child is still a juvenile or minor under state law (before the age of 18 in most states, though young people over 18 may be eligible for SIJ status depending on the legal definition of “child” in that state),.
It is critical to identify children and youth who may qualify for this status before they are too old to benefit. This is something that teachers, counselors, social workers, and youth probation officers should be aware of.
Are you eligible for SIJ Status?
To be entitled to Special Immigrant Juvenile Status:
- The child must be discovered to have been mistreated, neglected, or abandoned by a juvenile court, family court, or comparable state court.
- The court must either designate the child a “court dependent” or place them in the custody of a guardian, a state agency, or a family member.
- The same court must also decide that returning the child to his or her native country is not in the child’s best interests.
Immigration officers cannot make this decision; a judge must decide on it in the state where the child resides.
The kind of courts that have the authority to make such a finding and the legal criteria for abuse, neglect, or abandonment is a matter of state law that varies from different state. Such decisions are commonly issued by juvenile courts, family courts, and probate courts.
The names of such courts, as well as their authority, differ from various states. In this sense, hiring an SIJ attorney to assist you in this process is a good option.
Only after acquiring the documents mentioned above may one proceed to the immigration phase of the Special Immigrant Juvenile Status application procedure.
How to Apply for SIJ Status
The Special Immigrant Juvenile Status application process is for children who need a green card for the reason that they have been subjected to abuse, neglect, or abandonment and cannot return to their native country.
The SIJ status procedure is divided into three stages.
1 - Juvenile State Court Proceedings
A state court must determine that the child has been abused, abandoned, or neglected by one or both parents to qualify for SIJ status. The state court must also decide that the child’s best interests are not served by returning to their native country.
A child might end up in court for different reasons, some of which are not their fault. Someone may report a family to the police, Child Protective Services, or a child welfare organization, such as a neighbor or a witness.
It is also possible for a non-abusive parent or family member to report abuse or battle for child custody. A family member or another adult can file a petition to be the child’s legal guardian. Special Immigrant Juvenile Status may be possible if the child does not have lawful permanent residency (LPR) in the United States.
Your SIJ status lawyer will present the case to the court that the child has been subjected to neglect, abuse, and abandonment and should not be returned to their aboriginal country. Evidence of abuse must be given in this case, such as:
- Testimonies from family members
- Testimony from the child
- Medical records
- Police reports
- Witness affidavits
- Social worker’s reports
- Statements from teachers
- Any other evidence that shows the child has experienced abuse
Connecting with an experienced special immigrant juvenile attorney in Milwaukee, WI can help you navigate the process and present the essential facts in your case.
2 - Petition for Special Immigrant Juvenile Status Classification
You must complete and submit Form I-360 to petition for a green card based on Special Immigrant Juvenile Classification. Even though this form is required, numerous more forms must be petitioned for and filed together with Form I-360.
You must, for instance, fill-out Form I-485. Application to Register for Permanent Residence or Adjust Status, properly. The petition for SIJ status and permanent residency are both completed simultaneously.
You will need to supply supporting documents for the following in addition to Form I-360:
- Evidence of your age by birth certificate, passport, or other official identity document issued by a foreign government
- Juvenile court order
- Form I-485, Application to Register for Permanent Residence or Adjust Status
- Form I-693, Report of Medical Examination and Vaccination Record
- Written consent from the U.S. Department of Health and Human Services
- Form G-28
Completing these documents might be complicated. Using the services of an adjustment of status attorney will guarantee that all paperwork is correctly completed and filed to the USCIS on time. It’s also vital to inform your attorney if you’ve had any run-ins with the law — communication with your lawyer is vital.
3 - Petition for Permanent Residency for Special Immigrant Juvenile Green Card
You can file Form I-485, Application for Permanent Residence or Adjustment of Status, together with your SIJ status application. However, a child’s admission or rejection of permanent residency cannot be determined until they are established as a special immigrant juvenile. If your SIJ immigrant status has been granted, you may be entitled to forego permanent residency costs by filing Form I-912.
If your petition is approved and you are granted SIJ classification, you may be eligible for a Green Card by completing Form I-485. The USCIS will give you an informed notice of your formal receipt for filing once you have filed for a Green Card. The USCIS will advise you if any more proof is required. The USCIS typically takes six months to decide on your application.
What are the benefits of SIJ status?
The child does not need to have entered the United States legally or have any means of financial support, which are hindrances to most other forms of green card applications since they make the applicant “inadmissible.” In reality, for Special Immigrant Juveniles, most other reasons for inadmissibility are irrelevant.
Additionally, Special Immigrant Juveniles are immigrants qualified to have the application cost for a green card waived.
Talk to a Milwaukee Special Immigrant Juvenile Attorney Now!
Unregistered children can apply for SIJ status, which allows them to stay in the United States with legal status and eventually apply for a green card. However, the immigration procedure may be demanding and emotionally taxing.
Our Wisconsin immigration attorneys can help you understand and navigate immigration laws. We have established an excellent case-management system to guarantee that your case goes smoothly and on time. Our dedicated and dependable special immigrant juvenile status attorney will work tirelessly to ensure that you receive the best possible result in your immigration process!