What is the SIJS Classification?

The Special immigrant juvenile status is an immigration category that allows non-citizen children to apply for lawful permanent residence in the United States. Boston immigration lawyers say that children with an SJI status have gone through juvenile court proceedings concerning parental abuse, abandonment, neglect, or similar circumstances.

If you’re a juvenile subjected to the above situations and need the court’s protection, you may be eligible for the SIJ classification. Once the status is granted, you may be eligible to file for lawful permanent residency, also known as adjustment of status through a Green Card. Special immigrant juvenile attorneys in Boston can assist you.

Who is Eligible for SIJ Classification?

To be classified as a special immigrant juvenile, you must meet the following requirements:

  • Be under 21 years old at the time you file the petition (Form I-360)
  • You currently live in the United States
  • Be unmarried when you file the petition and when the United States Citizenship and Immigration Services (USCIS) decides on your petition.
  • Have a juvenile court order from the state court showing that you’re dependent on the court, can’t be reunited with your parents, and it would not be in your best interests to return to your country of origin.
  • Be eligible for USCIS consent.
  • Have written consent from the Office of Refugee Resettlement or the Department of Health and Human Services (HHS) to the court if you are in custody of HHS or the court order changes your custody status.

What is the Process of Adjusting Status from SIJ to Lawful Permanent Resident?

Before you file a petition to adjust your status from SIJ to a lawful permanent resident, you must determine eligibility to apply for a Green Card. Boston special immigrant juvenile lawyers can evaluate your case to check if you meet the following requirements:

  • The law doesn’t bar you from adjustment of status for any reason
  • You’re admissible to the US as an LPR or can qualify for a waiver of inadmissibility or other form of relief
  • You’re eligible to receive an immigrant visa
  • You were inspected and admitted or paroled into the US
  • You were physically present in the US when you filed your petition
  • You merit the favorable exercise of USCIS’ discretion
  • You properly file Form I-485 (Application to Adjust Status or Register Permanent Residence).

What Does It Mean to Be Inspected and Admitted or Paroled?

Legal nuances can be complex, so it’s essential to work closely with experienced Boston immigration lawyers to help you understand the requirements. If the USCIS approves your Form I-360 petition for a Special Immigrant, you will be classified as an SIJ.

Under this category, you are deemed paroled to apply for adjustment of status. That means the agency will consider you paroled when the officials adjudicate your Form I-485, regardless of how you got into the United States.

What Does It Mean to Be Eligible to Receive an Immigrant Visa?

Boston special immigrant juvenile lawyers add that to qualify for an immigrant visa, you must:

  • Have an approved Form I-360 classifying you as an SIJ or have a pending one that will ultimately be approved
  • File an approved Form I-360 together with Form I-485.

Your legal team can provide an overview of the requirements to have Form I-360 approved and any other legal requirements that might arise during your application. They can also serve as the link between you and the USCIS to enhance your application’s likelihood of success.

How Can I Apply for a Green Card for SIJ?

Immigrant visas for SIJs are based on the employment-based fourth preference (EB-4) immigrant visa category for special immigrants. As an applicant living in the United States and with an EB-4 visa available, you may file Form I-485 without leaving the country:

  • While your Form I-360 is pending
  • Together with Form I-360
  • After Form I-360 is approved

There is no age limit to apply for a Green Card as an SIJ. If you were below 21 on the date you file Form I-360, the USCIS will not deny your Form I-485 based on your current age if you’re older than 21 when you file it, or it is adjudicated.

What Are the Grounds for Inadmissibility to the United States?

One of the conditions for qualifying for a Green Card is that you must be admissible to the United States. There are various grounds for inadmissibility for non-citizens, but SIJs are exempt from some of them. Boston special immigration juvenile lawyers say that even if you’re inadmissible, you may be eligible for a waiver or another form of relief.

You can request for a waiver of inadmissibility using Form I-601 and Form I-212 (Application for Permission to Reapply for Admission into the US After Deportation or Removal. Whether a waiver is available depends on the inadmissibility grounds that apply to your case. If the USCIS grants a waiver, it may approve your Green Card application if you meet the other requirements.

A Skilled Immigration Attorney Helping You Transit from SIJ to Lawful Permanent Residency

If you’re a non-citizen juvenile who suffered abuse, neglect, or abandonment by your parents while in the United States, you can file a petition for a special immigrant juvenile. The immigration status is a pathway to help you adjust your immigration status to a lawful permanent resident. The process may be lengthy, but experienced immigration lawyers in Boston can guide you.

Toland Law, LLC has knowledgeable special immigration juvenile lawyers who can provide the legal assistance you need during this challenging time. We can assess your paperwork to ensure no mistakes while fighting to protect your rights. Call us at 857-347-3701 to schedule a FREE consultation.

Toland Law, LLC