Austin Special Immigrant Juvenile Status Attorney

• Individuals under 21 years of age, who are in the United States, and who have been abused, abandoned, or neglected by one or both parents may be eligible to apply for what is called Special Immigrant Juvenile status. This may include individuals who have been orphaned by one or both parents.
• After approval of this status, one may adjust their status to lawful permanent resident and obtain a green card.

Applicants must prove:

• abuse, abandonment or neglect by at least one parent
• they are under 21 at the time the petition is filed
• they live in the United States 
• they are unmarried through the time of approval of the petition 
• they have a qualifying order from a state court which contains findings about certain legal requirements for SIJS

Every state has different laws about how to obtain a qualifying order, often called a predicate order.  For example, in Texas, it is best to obtain the order before the child turns 18 because there are additional state law requirements that apply once a child becomes age 18. 

Employment Authorization through SIJS

• USCIS typically grants “deferred action” when they are approving an SIJS I-360 petition. 
• Deferred action means the immigrant is a lower priority for deportation and can immediately apply for employment authorization and a social security card. 

Green Card through SIJS

• Special immigrant juveniles can also eventually apply for adjustment of status to permanent resident and receive a green card.
• At any time that a child meets all requirements for SIJS, they may file a petition to eventually become eligible for deferred action.  The green card is only issued once an application for adjustment of status is also filed and approved. 
• When someone can request a green card depends on the U.S. Department of State Visa Bulletin and whether or not their priority date (date of filing) is current in the appropriate chart. 
• Visa Bulletin is a series of charts that dictate when non-citizens can submit applications for green cards, and the required wait times change and are published each and every month. 
• Whether or not it is time to file for your green card can be a surprisingly complex question, but an experienced immigration attorney can help you navigate the system so that you do not pay the government until you are eligible for the benefit you want.

• Yes, it is very possible to receive SIJS even if you are in removal proceedings.  
• Immigration judges do not have the power to grant or deny SIJS.  You must file the petition with USCIS. 
• However, immigration judges do have the power to terminate court cases at any time, including while an SIJS petition is pending or upon its approval. 
• Immigration judges also have the power to receive and approve green card applications based on approved SIJS petitions.