Immigration laws in the United States are complex and can be difficult to navigate for most. There are many provisions that prevent individuals from obtaining lawful permanent residency. However, there are some beneficial humanitarian laws that provide protection for some of the most vulnerable in our society. This includes victims of domestic violence, people fleeing persecution, and immigrant children who have been abused, abandoned, or neglected by their parent or parents.
In the case of abused, abandoned, and neglected children, the Immigration and Naturalization Act section 101(a)(27)(J) has a protection called the “Special Immigration Juvenile Status” (SIJS). The SIJS allows a minor to self-petition for lawful permanent residence (“green card”) and waives many traditional impediments that an applicant would face in the process of doing so. This is significant for many children who are in the web of the child welfare system. To qualify for SIJS, the immigrant child must be under 21 years old and unmarried. Other requirements are listed below:
Once an order is obtained through the juvenile court, the minor must file an I-360 petition with the U.S. Citizenship and Immigration Services (USCIS). Once that petition has been filed with the USCIS, it provides protection from removal/deportation to the minor until a final decision is made on the case.
The I-360 petition is the initial application that is filed with the USCIS. However, due to considerable backlogs for green cards, especially from countries such as Mexico, El Salvador, Guatemala, and Honduras, there is a significant time gap currently between when the minor can file their I-360 petition and when they can file the I-485 (adjustment of status application). The I-485 application getting approved is dependent on the I-360 being approved. During that time the minor can receive deferred action, which permits them to apply for work authorization. Deferred action is considered on a case-by-case basis, weighing the positive factors against any negative ones. An approved I-360 is an overriding positive factor.
It is important to consider the risks and rewards of filing for SIJS. Considerations include what will happen if the petition is denied and whether the minor be on the radar for the U.S. Department of Homeland Security and subject to deportation. That might depend on the presidential administration at the time and their priorities for deportation. Another consideration is the age of the minor. Federal law permits the status to be granted for persons under the age of 21. However, most state courts lose juvenile jurisdiction once the child turns 18. It is important to look at the age-out provisions your state has in place for juvenile court jurisdiction. It is also notable that as long as the court order is completed prior to the child’s age-out date, they can still file the I-360 petition prior to turning 21 years old.
It is always recommended to get assistance or mentoring from an immigration law specialist when evaluating the prospects of a SIJS petition and the benefits it may bring the minor. Changing policies, depending on the prevailing politics at the time, can always impact the assessment and risks versus rewards of filing one of these petitions. Regardless, SIJS is a provision to always be mindful of when assessing the immigration options for a minor child.
