Special Immigrant Juvenile Status (SIJS)—or commonly known as Juvenile Visa—is an immigration relief law in the United States that helps protect immigrant children from being removed or deported if one or both of their parents have abused, abandoned, or neglected them. SJIS is designed to help children under the age of 21 obtain some form of lawful permanent residence in America.

SIJS is complicated, and it’s of utmost importance that you know how to apply and build a strong case to stop one’s removal and stay in the United States. In order to obtain SIJS, it doesn’t matter if the child enters the United States legally or illegally. If SIJS is granted, you may be eligible for lawful permanent residency (also known as a Green Card) and eventually you could apply for citizenship.

Note that applying for SIJS does not necessarily mean that one’s parents are bad parents per se, as in some cases, SIJS is granted to children because their parents simply could not care for them to the standard of care that is set in the United States.

Who Qualifies for Special Immigrant Juvenile Status?

Not everyone can apply for SIJS. An adult (whether or not a biological parent) must petition a court for custody or guardianship of the child if they do not have an existing order. The custody or guardianship Petition can be brought before the Family Court in County where the child is a resident. After filing the petition, the adult can motion the court requesting a Special Findings Order.

If a parent already has an existing order of custody from a Court within the United States, that parent can now petition the Family Court for a modification of custody requesting sole legal and physical custody of the Child. Additionally, bring a motion requesting a Special Findings Order in the course of the proceeding.

A family court must make the following five (5) factual findings in the Special Findings Order:

• That the child is younger than 21 years old (subject age can vary depending on the state),
• That the child is not, or has never been, married,
• That the child is the subject of an existing family court order stating that an adult has custody or guardianship of the child and will take care of them here in the United States,
• That reunification of the child with one or both of the parents is not a viable option due to one or more of the following categories: abuse, neglect, abandonment, or another similar basis under state law, and
• That it is not in the best interest of the child to be returned to his or her native country or country of last habitual residence.

What Does Reunification Not Being Possible Really Mean?

One of the key components to take note of is the word “reunification” in the fourth bullet above. A finding that reunification of a child and parent is not possible means that the child cannot return to live with one or both parents if it is found that the child is suffering abuse, neglect, or abandonment. While these are relatively broad terms, it is important to know how New York defines them so that one can successfully convince a family court judge that reunification is not possible. Simple definitions of what could be found to be abuse, abandonment, and neglect in New York are below:

• Abuse can be defined as extreme corporal punishment, sexual abuse, physical abuse, and/or emotional and verbal abuse that affects the child’s emotional or physical health.
• Abandonment can take place when one or both parents do not communicate with the child, show a lack of concern for the child’s education, offer no financial support for the child, and/or fail to provide parental advice or guidance for the child.
• Neglect is when the parents fail to provide basic needs like food, clothing, shelter, and medical care. A failure to protect the child that exposes them to living in an environment of domestic violence, drugs or alcohol abuse, or that otherwise puts the child in a dangerous situation.

Reunification can also be shown to be impossible, such as if one of the parents is deceased or if the parents’ misbehavior is extremely significant but does not fall into one of the categories above.

How to Petition for Special Immigrant Juvenile Status

To petition for SIJS classification, applicants must submit a completed Petition for Special Immigrant Status (Form I-360) to the United States Citizenship and Immigration Services (USCIS). It is critical to provide all relevant documentation to support your petition, including:

• Proof of age (i.e., birth certificate, passport, official government ID, etc.)
• A valid court order of Custody or Guardianship
• A valid court order for Special Findings

Again, note that in order to receive SIJS classification, you must file Form I-360 before turning 21.

Albea Romero is an associate attorney in Tully Rinckey PLLC’s White Plains office, where she focuses her practice primarily on family and matrimonial law, having particular experience with SJIS matters. She can be reached at info@tullylegal.com or at 8885294543.