Special Immigrant Juvenile Visa or SIJS (Special Immigrant Juvenile Status) and its Requirements:

The Youth Visa, also known as the Special Immigrant Juvenile Visa or SIJS (Special Immigrant Juvenile Status), is a benefit provided by the immigration laws of the United States intended for minors who are in the country and have been declared by a juvenile court or judge as victims of abandonment, abuse, maltreatment, or neglect by one or both of their parents. A child who is granted SIJS and who is involved in immigration proceedings for deportation or removal will now also have a defense against deportation or removal.

Once a minor receives Special Immigrant Juvenile classification, they are eligible to apply for Permanent Residence in the United States.

The requirements for the Youth Visa – SIJS are the following:

1. The minor must have a valid order issued by a juvenile court or judge declaring him or her dependent on the court or in the custody of a person, agency, or entity designated by the court. This order must include the following statements:

1. 1. The minor cannot be reunited with either of his or her parents.
   2. The minor has suffered abuse, abandonment, maltreatment, or neglect by one or both parents.
   3. It is not in the best interest of the minor to return to his or her country of origin or place of habitual residence.
   4. That abuse, abandonment, neglect, or other similar basis occurred before the child turned 18 years old.

They can apply for the SIJ order on their behalf, or a friend or family member can apply for it on their behalf. A lawyer can also help. It is important to note that a minor’s eligibility for this benefit must be determined in the state where she currently resides, since, in most states, juvenile courts or judges issue custody orders only for minors under 18 years of age.

1. 1. In New Jersey court the applicant must be under 18 years of age.
   2. In the New York court the applicant must be under 21 years of age.

2. Once custody is obtained from the juvenile court, an application must be filed with the United States Citizenship and Immigration Services (USCIS) using Form I-360 and providing the required documentation. The applicant must be:

1. 1. Under 21 years old
   2. The minor must not be married.
   3. The minor must live in the United States.

Obtaining custody from the juvenile court should take no more than five months. However, due to the pandemic, wait times for USCIS Youth Visa approval may vary and take between 6 and 18 months.

Once approved by USCIS, you must wait for the visa to be available in the “Visa Bulletin” before submitting the residency application.

If an immigrant visa is immediately available to you, you can generally file your Form I-360 and Form I-485 at the same time.

Recent changes to the SIJ (Special Immigrant Juvenile) process:

1. Elimination of Juvenile Court Eligibility Requirement: The requirement that the juvenile court determines that a child is eligible for long-term care has been completely eliminated.

2. Consideration of non-viability of family reunification: The court now has the ability to consider that family reunification between the child and one or both parents may not be feasible for the child’s health and safety, expanding the circumstances under which a child You may be eligible for SIJ.

3. No need to have been in foster care or the child welfare system: It is no longer a requirement that a child has previously been in foster care or in the care of the child welfare system to be eligible for SIJ.

4. Eligibility Despite Living with One Parent: A minor may be eligible for SIJ even if she has been a victim of abuse, neglect, or abandonment by one of her parents and continues to live with the other parent.

These recent changes to the SIJ process reflect a relaxation of prerequisites, providing greater opportunity for minors who have experienced difficult circumstances to obtain Special Immigrant Juvenile status and, eventually, permanent residence in the United States.

If you are a minor who has experienced abandonment, abuse, mistreatment, or neglect by your parent or one of them, and you or your legal guardian believe you may be eligible, we invite you to contact our office. We will be happy to answer your questions in an in-person or virtual consultation.