The United States offers opportunities to people around the world, and thousands attempt to enter the country each year. Families often attempt to immigrate together and make a new life for themselves, potentially with the goal of receiving permanent residency (a green card) and even citizenship down the line.
However, some of those people are children and may not be able to take advantage of the same opportunities as other immigrants. Juveniles may need to make their own way because of abuse, neglect, or abandonment. If you or a loved one have been to juvenile court, a Newark juvenile immigration lawyer may be able to help you receive a special status to remain in the U.S.
As difficult and complex as U.S. immigration can be to navigate, the system does carve out a special status for certain juveniles known as Special Immigrant Juvenile Status (SIJ Status). This classification allows certain immigrants who are dependant upon juvenile courts to petition for status and even become eligible for a green card.
However, not every young immigrant can receive SIJ Status. The basic eligibility requirements include:
The last requirement for a court order involves the state juvenile court determining that you are dependent on the court or a government agency and unable to return to your family or nation of origin. This decision is made independently of any determination by U.S. Citizenship and Immigration Services (USCIS).
If you are eligible, you can file a Form I-360 before turning 21 to petition for SIJ Status. Obtaining SIJ Status can enable you to apply for a green card once a visa is available, at which time you can have more security in your ability to remain in the United States. If your form is filed properly and approved by USCIS, the agency can defer action against you and allow you to remain in the country while awaiting an available visa (as there are a limited number of visas issued per year).
A Newark immigration attorney could help you provide the proper information as a juvenile and represent you in front of USCIS.
The first way that your immigration attorney can help is by assisting with your application for status. Form I-360 requires proof of your eligibility (age, marital status, location, and court order) and accompanying paperwork, which can take time and effort to compile into a complete application.
Your lawyer could chase down missing documentation and field requests for additional information from USCIS, as well as enter an appearance as your representative before the agency. In particular, your attorney can help you obtain the necessary juvenile court order or obtain it if it already exists, even if the court no longer has jurisdiction over you directly.
Perhaps most importantly, a legal professional could guide and support you through the process, from filing your application to receiving a decision and potentially obtaining permanent residency. Consulting with an immigration attorney as a Newark juvenile immigrant could ensure that your case is handled thoroughly and effectively so that you avoid common errors, meet deadlines, and present a strong application.
As a young adult or minor under a state court order, you may not have the same resources and options as an adult able to work in the United States. Getting legal help from a Newark juvenile immigration lawyer could improve your chances of staying in the country and building the life you want.
Reaching out for help is the first step. Contact an attorney from our firm and schedule a consultation today.
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