If an immigrant is physically present in the U.S., is under the age of 18 and does not have a biological or step-parent in the U.S., the immigrant may qualify for a Special Immigrant Juvenile Visa (“SIJ”).
The SIJ process begins with filing a Dependency Petition in the State Court where the child resides. The Court must first determine whether the child qualifies as a dependent, and if so, the Court can appointment a guardian. Guardians are usually adult family members who are willing and able to provide care and support to the child.
There are two important aspects to this part of the SIJ process. First, an attorney must be licensed to practice in the state. Many immigration attorneys do not practice in their state of licensure. This is perfectly acceptable for appearance in Immigration Court because it is a federal agency. But in order to file a Dependency Petition and appear in State Court, the attorney must be licensed in that State. Second, the guardian does not need to be a U.S. citizen or Lawful Resident.
Once the State Court has found a child dependent and named a guardian, the Court must then sign an Order for SIJ Eligibility prior to the child’s 18th birthday. Once the Order is signed, the next step is to file an I-360 with USCIS.
For immigrants who are potentially eligible for an SIJ visa, it is extremely important to see a licensed attorney as soon as possible. If the child is too close to turning 18, we may not be able to help you get an SIJ Order signed in time. And if the child’s biological or step-parents cannot be found or speak an unusual dialect, it may take longer for the Dependency action to be completed in State Court.
It is also important to keep in mind that the child may also be in removal proceedings in Immigration Court. The SIJ process will not automatically prevent an Immigration Judge from entering a removal order against the child. The child must still be present for any Immigration Court proceedings.
If you believe that you may be eligible for an SIJ visa, please make an appointment with an attorney as soon as possible.