When only one parent is involved in the SIJS process, it is crucial to understand the role that parent plays. While the child must demonstrate that they are dependent on the court or a legal custodian, the focus shifts to the parent who has custody or guardianship. This parent must be able to establish that reunification with the other parent is not viable due to abuse, neglect, or abandonment. To demonstrate dependency on one parent, legal guardianship and custody orders are essential. The parent seeking SIJS for the child should obtain a legal order from the state family court granting them custody or guardianship. This order signifies the parent’s responsibility for the child’s care and establishes the child’s dependency on that parent.
Obtaining
Special Immigrant Juvenile Status offers several benefits to the child. Firstly, it provides protection from removal proceedings. Once SIJS is granted, the child will have lawful status in the United States and will not be subject to deportation or removal as long as they continue to meet the conditions of the status. Secondly, SIJS allows the child to apply for work authorization. This enables them to legally work and support themselves while residing in the United States. It opens up opportunities for education and employment, empowering the child to build a stable future. Furthermore, SIJS serves as a pathway to permanent residency. After a certain period of holding SIJS status, the child can apply for adjustment of status to become a lawful permanent resident (green card holder). This offers long-term security and the potential for eventual citizenship.
Once the necessary court order has been obtained, the next step is to file the SIJS petition with the United States Citizenship and Immigration Services (USCIS). The parent or legal guardian must complete and submit USCIS Form I-360, which is the petition for Special Immigrant Juvenile Status. Along with the petition, supporting documentation must be provided to demonstrate eligibility. This includes the court order establishing dependency and custody or guardianship, as well as any other relevant court documents. It is essential to ensure that all required documents are included to strengthen the case for SIJS approval.
