Olney, Maryland SIJS Lawyer

Attorney Helping Minors Apply for Special Immigrant Juvenile Status in Olney

Many immigrant children may struggle to secure a legal status in the United States, but the obstacles and issues faced by those who have dealt with issues such as child abuse or parental neglect can be even more serious. Fortunately, the immigration system offers a humanitarian option known as Special Immigrant Juvenile Status (SIJS) that may address these situations. SIJS is a form of protection that may allow vulnerable young people to continue living in the U.S.A.

At Immigration Legal Advisors, PLLC, our Olney immigration attorney has the knowledge and experience needed to help minors apply for Special Immigrant Juvenile Status. Legal representation can be essential in these cases, as SIJS involves a combination of state-level court proceedings and applications filed with federal agencies. We provide compassionate legal counsel while working to ensure that minor immigrants will be able to maintain stability and live in a safe environment.

When a Minor May Qualify for Special Immigrant Juvenile Status

SIJS is available to immigrant children under the age of 21 who have been the subject of neglect, abandonment, or abuse by at least one of their parents. The purpose of this protection is to ensure that minors who have suffered harm or who have been left without proper parental care will not be forced to return to unsafe or unstable environments in their countries of origin.

A child may be eligible for SIJS in situations such as:

• A parent has physically or emotionally abused the child.
• One or both parents have neglected to provide necessary care, food, shelter, or education.
• A parent has abandoned the child and failed to maintain contact or support.
• The child has been placed in foster care or a guardianship arrangement by a court.
• A parent's behavior has created a home environment that is unsafe or unsuitable.

Eligibility for SIJS does not require that both parents have acted harmfully. The law only requires that reunification with one or both parents is not viable.

Legal Requirements for Obtaining SIJS

Applying for Special Immigrant Juvenile Status involves a two-part legal process that requires action in both a Maryland state juvenile court and through U.S. Citizenship and Immigration Services (USCIS).

Before applying for SIJS, a minor must obtain a court order from a Maryland juvenile court. This state court order must address the child's dependency and custody. It must also find that reunifying the child with one or both parents would not be possible and that a deportation to another country would not serve the child's best interests.

After receiving a state court order, a minor can file an application for SIJS with USCIS. Supporting documentation, including the state order and other required evidence, must be submitted as part of this application. If the petition is approved, the child will become eligible for an adjustment of status. If they are granted the status of lawful permanent resident, they will receive a Green Card.

Throughout this process, legal assistance can be crucial. Our attorney can make sure a juvenile court order includes the necessary elements to demonstrate that a minor is eligible for SIJS. We can also prepare a complete and accurate SIJS application and make sure it is submitted to USCIS correctly. Mistakes or missing information can delay or even jeopardize the child's chances of receiving the necessary protections.

Benefits of Special Immigrant Juvenile Status

A minor who is granted Special Immigrant Juvenile Status will receive several important protections and benefits, including:

• The ability to remain lawfully in the United States without being deported
• Access to healthcare, education, and other public services that are available to Green Card holders
• Stability and legal recognition of their status, which may assist in other family law or custody matters
• The ability to apply for citizenship in the future

SIJS does not permit the child to petition for their parents to immigrate to the United States.

Challenges and Additional Immigration Issues

While SIJS offers a path to a lawful status, the process can be complicated by several factors, including:

• Delays in state court proceedings, which could make a minor ineligible for SIJS if they reach the age limit
• Difficulty obtaining the necessary evidence of abuse or neglect
• Complications in guardianship or custody arrangements
• Issues with immigration history, such as previous removal orders or unlawful entries into the United States

In some cases, minors may have other immigration concerns that need to be addressed alongside an SIJS application. These may include pending asylum claims, family-based visa petitions, or prior contact with immigration officials. Our experienced attorney can assess the full scope of a minor's situation and help them determine the best available options for achieving and maintaining a legal immigration status.

Contact Our Olney, MD Special Immigrant Juvenile Status Attorney

Minors who have been separated from one or both of their parents deserve to receive protection and a chance to live in a safe and stable situation. At Immigration Legal Advisors, PLLC, we work with minors who are seeking protection and guardians who want to ensure that young people will have a positive future. Contact our Olney Special Immigrant Juvenile Lawyer and set up a consultation by calling us at 571-441-2233.