The ever-changing immigration landscape can be incredibly stressful to navigate. If you or your children don’t have legal status, then the fear of removal is very real. Fortunately, though, there are still protections in place for the most vulnerable, but it’s up to you to act on them so that you can protect your and your children’s best interests. One of those avenues that we want to look at this week is special immigrant juvenile status.
This is a legally protected status that essentially shields some individuals under the age of 21 from being deported. If granted special immigrant juvenile status, then the federal government will waive otherwise deportable issues such as unlawful entry, being a public charge and some other immigration violations. Once this status is obtained, then the protected individual can gain work authorization, secure lawful permanent resident status and even eventually seek citizenship.
How do you qualify for special immigrant juvenile status?
Qualifying for these federal protections start in state court. Before an applicant can petition a federal court for special immigrant juvenile status, they must obtain a predicate order out of a state family or juvenile court that makes specific findings that indicate:
- That the individual applying for special immigrant juvenile status is dependent upon the juvenile court or is in the custody of state child welfare agency;
- That reunification of the child with one or both of their parents is not possible due to abandonment, abuse or neglect; and
- That it would not be in the child’s best interests to be returned to their country of origin or to the country of their last habitual residence.
These findings are critically important. So, if you or a loved one is seeking special immigrant juvenile status, you have to be prepared to present compelling evidence in state court to secure the predicate order needed to petition for full protection at the federal level. Keep in mind that although guardianship is a common way for a child to be deemed dependent on the court, children who are subjected to abuse or neglect proceedings can also qualify.
What happens after securing a state predicate order?
With the state order in hand, an applicant can then apply for special immigrant juvenile status with the United States Citizenship and Immigration Service, commonly referred to as the USCIS. Here, you’ll have to submit form I-360, which is your official application, along with proof of your age and the state’s court order. This should be sufficient to secure the status you seek. That said, there are oftentimes complications when dealing with immigration law and immigration officials, which is why it’s a good idea to have an attorney on your side to look over your filings before submitting them. Hopefully then you can present the strongest case possible and avoid costly mistakes that jeopardize your immigration status.
The complexities of the immigration system are unfathomable to some, which can dissuade them from seeking the protection that they need and deserve. But you can’t let your fear of the process prevent you from acting in your and your loved ones’ best interest. That’s why if you have questions about the best way to approach your immigration-related legal issue, then we encourage you to continue researching the topic and seeking out the answers that you need. You can also discuss the matter with your attorney, which will hopefully calm your fears and give you the confidence needed to competently move forward with your case.
