Certain young people, who have been neglected, abused, or abandoned by one or both of their parents, may be eligible for this special protective status. This status requires appearances in the Probate and Immigration courts, as well as before USCIS.
Special Immigrant Juvenile Status is available to many young arrivals from Central America and other regions during the recent increase of childhood arrivals to the United States. A competent attorney can greatly increase the likelihood of successful adjustment of status through this complicated but highly beneficial process.
The child must show that he or she:
The process includes obtaining an order from a State court (typically the probate court) as to the underlying facts of neglect, age, marital status, dependence on the court, and best interests . While state courts are not directly making an immigration determination, this predicate order is required before moving on to an I-360, or Special Immigrant Juvenile, interview with USCIS. Thereafter, the child can adjust status in either Immigration Court or at USCIS.
Practitioners and applicants should be careful to ensure that removal proceedings are either suspended or terminated while applying for relief through this process, and may be required to appear in immigration court one or several times while pursuing this relief. While state courts often question their jurisdiction after the child attains the age of 18, recent case law dictates that the courts do have jurisdiction beyond the age of 18 in Massachusetts.
This process can be quite complicated for individuals, and it is wise to speak with an attorney to determine eligibility for Special Immigrant Juvenile Status.
Please reach out to our office with your legal question.
Commonly referred to as the 10-year-rule, this option to terminate your removal proceedings may be available if you have compelling ties to the United States. This form of relief takes into account length of stay and family ties to the United States.
Deferred action may be available, particularly for those who have minimal criminal history. This protective status allows you to work and live in the United States for a specified time, and it may include greater numbers of undocumented immigrants in the future.
The information contained on this website is for advertisement purposes only. Any information contained here should be verified by a licensed attorney in your jurisdiction.
No communications on or through this website, including the submission of a message or request form, creates any attorney-client relationship. Please do not send confidential information through this website, as such information cannot be guaranteed to remain privileged. Although GSK&G will never sell or distribute your information submitted through this site, please do not provide detailed information as it could be inadvertently or illegally intercepted by a third party.