Who Qualifies for Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status (SIJS) is one of the classifications available for undocumented immigrants seeking to regularize their immigration status. To qualify for SIJS, the immigrant in question must be under the age of 21, and they must also have been abused, neglected, or abandoned by their parents (or parent). By way of this classification, immigrants who meet all of the criteria for Special Immigrant Juvenile Status can obtain permanent residence in the United States.

Requirements for obtaining SIJS are:

• Must be under 21 years of age;
• Must not be married;
• Must be declared as a dependent in a juvenile court, with the Family Court taking jurisdiction over a petition that addresses the needs of the applicant for SIJS;
• Reunification with the immigrant’s parents is no longer possible owing to abuse, neglect, abandonment, or other issues of a similar nature; and
• It is not in the immigrant’s best interests to return to their country of origin or where they last habitually resided.

It is important to note that SIJS explicitly states that abuse, abandonment, or neglect must be determined factually. However, the statute does not define these terms, so state law must be consulted for precise definitions to be obtained. It is also observed that the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 provides another category with abuse, abandonment, or neglect, which is a “similar basis under state law.” This means that if a child has not been abused, abandoned, or neglected, they might still qualify for SIJS if, for example, the parents cannot care for their child because the child suffers from certain problems, including but not limited to issues related to mental health.

Are There Any Restrictions on Applicants Who Meet All of the Criteria?

The simple answer to this question is: Yes. In fact, if the applicant has committed a crime, then their application might be rendered inadmissible. This is especially true if the applicant has been convicted of an adult offense like drug trafficking, rape, or murder. Typically, minors are not tried and charged as adults; however, when it comes to certain crimes such as homicide, some states allow children of any age to be tried as adults.On the other hand, crimes of juvenile delinquency are not considered to count as convictions for immigration purposes. That said, some juvenile delinquency crimes might also come with inadmissibility grounds attached, meaning that the applicant will need a waiver if they have been convicted of such a crime.

Lastly, it is also important to note that applicants might also be inadmissible for SIJS if authorities have “reason to believe” that they have engaged in drug trafficking or aided and abetted a drug trafficker. In this case, a conviction is unnecessary, as reasonable suspicion (or evidence showing drug offenses) might result in the potential applicant being permanently barred from obtaining SIJS. In other words, charges and suspicions relating to drug offenses cannot be waived.

To discuss your eligibility for Special Immigrant Juvenile Status with an experienced attorney from our firm, do not hesitate to contact us online or call (760) 474-2555.