Special Immigrant Juvenile Status | ABP LAW
Immigration relief, including permanent residence, may be available to children who have experienced abandonment, abuse, neglect, or similar harm from at least one parent. Special Immigrant Juvenile Status (SIJS) provides a vital path toward safety, stability, and legal permanent residency (a “green card”) for eligible minors residing in the United States. At ABP LAW, we understand that many children arrive in the United States under challenging circumstances. Some come with one parent after the other parent has stopped providing care or support. Others arrive after losing a parent, or travel alone because their family can no longer provide adequate care. Additionally, many children seek refuge from violence, gangs, poverty, or instability in their home countries. No matter how they arrived—even if they entered without documentation—these children might qualify for immigration relief through SIJS.
Who Qualifies for Special Immigrant Juvenile Status?
To qualify for SIJS, a child must:
- Be under 21 years old at the time of filing the SIJS petition.
- Reside in the United States.
- Be unmarried.
- Have a juvenile court order establishing specific findings related to dependency, neglect, abuse, abandonment, or similar circumstances.
Once SIJS is approved, they can apply for lawful permanent residence once a visa is available and, after five years, U.S. citizenship.
Obtaining the Required Juvenile Court Order
An essential component of the SIJS process is obtaining a state court order. In Tennessee, this involves:
- A determination that the child is dependent on the court, placed in custody of a state agency or individual appointed by the court, such as through guardianship.
- A finding that reunification with one or both parents is not viable due to abandonment, abuse, neglect, or a similar basis under Tennessee law. Common examples include lack of parental support, visitation, medical care, education, or protection.
- A determination that returning to their home country would not be in the child’s best interest.
At ABP Law, we assist families throughout Tennessee in obtaining these critical juvenile court orders by petitioning courts for guardianship or other appropriate relief, guiding each step of the way with thoroughness and compassion.
Important Considerations for SIJS Cases
There are several important considerations for SIJS:
- Only one parent needs to have engaged in abandonment, abuse, or neglect for a child to qualify.
- Approved SIJS petitions may offer deferred action (temporary protection from deportation) and eligibility for employment authorization.
- Applicants must remain unmarried until USCIS approves the SIJS petition (Form I-360); marriage is permitted afterward when applying for permanent residence.
- SIJS recipients can often secure permanent residency without certain standard requirements, waivers, or legal entry.
ABP Law is Here to Help
At ABP LAW, we recognize the unique vulnerabilities of minors facing immigration challenges. Our attorneys, with extensive experience and deep empathy, provide dedicated support to children and families navigating the complexities of Special Immigrant Juvenile Status.
Contact us today to discuss your situation confidentially. Call us or complete our online form to schedule a consultation and begin building a brighter, more secure future.
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