Montgomery Village Special Immigrant Juvenile Lawyers

Attorneys Helping Minor Immigrants Apply for SIJS in Montgomery Village, MD

When minor immigrants are in the United States without the support or protection of one or both parents, navigating the immigration system can be difficult. Children who have been abandoned or suffered abuse or neglect at the hands of a parent may apply for Special Immigrant Juvenile Status (SIJS). This will provide them with stability by ensuring that they can avoid deportation, and it can give them the opportunity to maintain stability by achieving lawful permanent resident status and obtaining a Green Card.

Obtaining SIJS requires careful legal planning, coordination with state and federal authorities, and an understanding of complex immigration laws and procedures. The Montgomery Village immigration attorneys at Immigration Legal Advisors, PLLC are experienced in SIJS cases, and we can guide minors and their guardians through each step of the process. We will advocate for a child's best interests and help ensure that the proper legal protections are in place to allow them to succeed when they reach adulthood.

What Is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status is a classification under U.S. immigration law that provides certain undocumented minors with the opportunity to apply for lawful permanent residency. SIJS is intended for children whose cases have been handled by juvenile courts due to issues related to parental abuse, abandonment, or neglect.

SIJS can serve as a critical lifeline for immigrant children who:

• Entered the United States without lawful status.
• Were brought into the country by others or crossed the border unaccompanied.
• Have experienced harm or serious neglect by one or both parents or have been abandoned by a parent.
• Have no reasonable possibility of reunifying with their parent due to safety or welfare concerns.

Once granted SIJS classification by U.S. Citizenship and Immigration Services (USCIS), the child will be eligible to apply for a Green Card.

Benefits of Special Immigrant Juvenile Status

Children who are granted SIJS will have several immigration benefits, including:

• Lawful Permanent Residency: A minor may apply for a Green Card, allowing them to remain in the U.S. indefinitely.
• Work Authorization: Once granted permanent resident status, the child will be permitted to work legally in the United States. If they are old enough, they can apply for a work permit.
• Path to U.S. Citizenship: After holding a Green Card for five years and meeting other requirements, the immigrant will become eligible to apply for naturalization.
• Protection from Removal: SIJS helps shield minors from deportation and provides legal stability as they continue living in their communities.

There are some limitations to SIJS. Most notably, children granted SIJS may not sponsor their parents for immigration benefits in the future, regardless of whether the parent was involved in abuse or neglect.

Legal Requirements for SIJS Eligibility

To qualify for SIJS, a minor must satisfy both state court findings and federal immigration criteria. The process generally involves two main stages:

1. Juvenile Court Order

The first step involves obtaining an order from a state juvenile court declaring that:

• The minor is dependent on the court or has been placed in the custody of an agency or a guardian appointed by the court.
• Reunification with one or both parents is not viable due to safety concerns related to neglect, abuse, or abandonment.
• Returning to their home country or another country where they previously resided would not be the best solution for the child.

The juvenile court does not grant immigration status. Instead, a juvenile court order may include findings that USCIS will later evaluate during the SIJS application process. The child must be under 21 years of age, unmarried, and physically present in the U.S. at the time of filing an SIJS application.

2. Petition to USCIS

After obtaining the juvenile court order, the next step is to file an SIJS petition with USCIS, along with supporting evidence and documentation. If USCIS approves the petition, the child may then apply for adjustment of status..

Throughout this process, it is essential to maintain careful documentation and demonstrate that the minor meets requirements related to age and marital status. They will also need to avoid actions that could affect their eligibility, such as criminal conduct or immigration violations.

The Importance of Working With an Experienced Attorney to Address SIJS Issues

The SIJS process requires coordination between Maryland's state court system and federal immigration authorities. Our Montgomery Village immigration attorneys can provide critical guidance and advocacy by:

• Filing Petitions in Juvenile Court: We can provide representation during custody, guardianship, or dependency proceedings, presenting evidence supporting the child's eligibility for SIJS.
• Drafting Court Orders: We will ensure that juvenile court orders contain the precise findings required by federal law, minimizing the risk of a denial by USCIS.
• Managing Immigration Filings: Our attorneys can prepare and submit application forms, provide supporting documentation, and respond to Requests for Evidence from USCIS.
• Protecting the Minor's Best Interests: Our goal is to ensure that vulnerable children are not retraumatized during the legal process and that they will receive the proper protections that will allow them to continue living in the United States.

Contact Our Montgomery Village, Maryland SIJS Attorneys Today

Children who are facing uncertainty due to immigration issues deserve to have a legal advocate who understands the urgency of these matters and the need for legal protections. At Immigration Legal Advisors, PLLC, we can help minors obtain Special Immigrant Juvenile Status so that they can have long-term protection and build successful lives in the U.S. Contact us by calling 571-441-2233 to learn how we can assist you in seeking permanent residence through SIJ status.