SIJS Lawyer NYC

Almost 21

Maria (all names are fictitious to preserve client confidentiality) grew up in an abusive home in Guatemala until her parents brought her to the United States at the age of 7. Unfortunately, the abuse persisted. In addition to physically abusing Maria and her siblings, Maria’s father also inflicted domestic violence on Maria’s mother. Maria qualified for SIJS because she was abused and neglected by her father. Although Maria had a strong case, she was almost 21 years old when she retained our law firm. Time was of the essence. We succeeded in expediting her hearings in the Brooklyn Family Court, where waiting times are often several months. Maria’s SIJS case was approved by USCIS in 4 months.

Children under the age of 21 may be eligible to apply for immigration status. Some of the options include application for Special Immigrant Juvenile Status (SIJS), U and T visas (for victims of crime or exploitation) and VAWA (for children who were abused by their US citizen or permanent resident parent or spouse), and Asylum (when a child is afraid to go back to their country of origin).

Special Immigrant Juvenile Status (SIJS) is available to minors under 21 who have been abused, neglected or abandoned by at least one of their parents. To apply for a green card based on SIJS, we first file a petition in New York Family Court to appoint a guardian or a custodial parent. The guardian can be a parent, a relative or a friend of the child.

It is not necessary for the guardian to have legal status in the United States. Once the guardian is appointed, the Family Court will issue an order stating that it is in the best interests of the child to remain in the United States. This order will enable the child to apply to USCIS for their green card. Our firm succeeded in winning numerous SIJS cases for our clients over the years. Some of our young clients were just a few weeks shy of turning 21. Here are some of the examples:

Parent Deceased

Juan (5 years old) was not abandoned by his parents, but his father was murdered in El Salvador. In New York, death of a parent is also considered “constructive” abandonment. We argued to the judge in the Bronx family court that Juan has no relatives in his home country to take care of him and it would be in his best interests to remain in the United States. Based on the Family Court orders, the USCIS approved Juan’s case.