Understanding Special Immigrant Juvenile Status: Insights by Sherif Bishara, Esq.

If you are currently in the United States, regardless of whether you entered unlawfully or through a visa, you may qualify for Special Immigrant Juvenile (SIJ) status. This classification under U.S. immigration law enables minors to live, work, and study in the United States. To be eligible, you must be under 21 years old, and you do not need a sponsor or adoption to receive a green card.

Do You Need a Guardian to Benefit from SIJ Status?

The need for a guardian to benefit from SIJ status depends on your state of residence. The SIJ process is complex, involving both state courts and U.S. Citizenship and Immigration Services (USCIS). In some states, you may need a guardian who can assume responsibility for you until you turn 21, though there are exceptions.

Who Can Be a Guardian?

A legal guardian can be anyone over the age of 21. This individual does not need to be a U.S. citizen or permanent resident but must be able to live and work in the United States. Contrary to common misconceptions, the guardian does not need to be a close relative or share your religion.

What Does the Law Say About SIJ Status?

The SIJ classification allows certain non-citizen children to apply for lawful permanent resident status (a green card). These children have typically been involved in state juvenile court proceedings due to parental abuse, neglect, abandonment, or similar issues under state law.

Will My Biological Parents Face Consequences if I Apply for SIJ Status?

No, your biological parents will not face any repercussions from applying for SIJ status. This classification is intended to provide you with relief and a fresh start, not to penalize your parents. It aims to offer you a better future, free from past hardships.

What Are the Benefits of SIJ Status?

Once your SIJ petition is approved, you will be eligible for several benefits, including:

• Work Permit: You can obtain an Employment Authorization Card.
• Social Security Card: You will be able to receive a Social Security number.
• Removal Proceedings: If you are in removal proceedings, you may be able to seek termination of those proceedings.
• Green Card: You can apply for lawful permanent residency.
• Citizenship: Eventually, you may apply for U.S. citizenship.

Can I Petition for My Parents After Becoming a U.S. Citizen?

No, as an SIJ petitioner, you are not permitted to petition for your parents. However, they may still explore other avenues to come to the United States, provided it is not through your petition.

This article is authored by Sherif Bishara, Esq., who provides legal guidance on Special Immigrant Juvenile status and other immigration matters.