SIJS and VAWA
Briefly About our Services
We provide essential legal services to vulnerable individuals seeking protection and immigration relief in the U.S.
Here are the key services that we offer:
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Eligibility Assessment
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Petition Preparation and Filing
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Family Court Representation (SIJS)
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USCIS Representation
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Adjustment of Status
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Protection and Confidentiality (VAWA)
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Counseling on Benefits and Rights
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Appeals and Legal Challenges
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Supportive Services and Referrals
These services are critical for vulnerable individuals, including minors and survivors of domestic violence, helping them secure legal status and protection in the U.S. while ensuring their safety and well-being.
FAQ on the Subject
What is Special Immigrant Juvenile Status (SIJS)? SIJS is a form of immigration relief available to certain undocumented minors who have been abused, abandoned, or neglected by one or both parents. It allows them to apply for a green card and eventually gain lawful permanent residency in the U.S.
Who is eligible for SIJS? Minors under 21 years old who are unmarried and have been declared dependent on a juvenile court, or placed under the custody of a state agency, guardian, or individual due to abuse, abandonment, or neglect are eligible. The court must also determine that it is not in the child's best interest to return to their home country.
What is the process to apply for SIJS? The process involves obtaining a state court order with findings of abuse, abandonment, or neglect, filing an I-360 Petition for Special Immigrant Juvenile Status with USCIS, and then applying for Adjustment of Status (Form I-485) to obtain a green card if SIJS is granted.
What benefits does SIJS provide? SIJS allows eligible minors to apply for a green card, providing a path to lawful permanent residency. Once granted SIJS, the child cannot petition for immigration benefits for their parents.
Can SIJS be denied? Yes, SIJS can be denied if the applicant does not meet eligibility requirements, the state court order is incomplete, or if USCIS determines that the juvenile court findings do not meet the criteria for SIJS.
Does SIJS status expire? SIJS status does not expire, but it is a stepping stone to obtaining a green card. Once a green card is obtained, the individual becomes a lawful permanent resident with all associated rights and responsibilities.
Can a minor apply for SIJS if they are in removal (deportation) proceedings? Yes, minors in removal proceedings can apply for SIJS and, if granted, can use it to seek termination of removal proceedings while they pursue Adjustment of Status.
What happens after an SIJS petition is approved? After an SIJS petition is approved, the individual can apply for a green card. If a visa is available, they can file for Adjustment of Status or consular processing to become a lawful permanent resident.
Can SIJS recipients apply for U.S. citizenship? Yes, after holding a green card for at least five years, SIJS recipients can apply for U.S. citizenship through naturalization.
Are there any limitations to SIJS? SIJS recipients cannot petition for their parents to receive immigration benefits, as the program is designed to protect the child from an abusive, neglectful, or abandoning parent.
What is the Violence Against Women Act (VAWA)? VAWA provides protection and immigration relief for victims of domestic violence, abuse, or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child. It allows victims to self-petition for a green card without the abuser's knowledge.
Who is eligible to file for VAWA? Eligibility includes: - Spouses of U.S. citizens or lawful permanent residents who are victims of abuse or extreme cruelty. - Children (unmarried and under 21) of abusive U.S. citizens or lawful permanent residents. - Parents of abusive U.S. citizen children who are 21 years or older.
What is a VAWA self-petition? A VAWA self-petition allows victims of abuse to apply for a green card independently of their abuser. This is done through Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Do I need to be divorced to file a VAWA self-petition? No, you do not need to be divorced. You can file a VAWA petition while still married, but if divorced, you must file within two years of the divorce.
What types of abuse qualify for VAWA? Qualifying abuse includes physical violence, sexual abuse, emotional abuse, psychological abuse, financial control, threats, intimidation, and other forms of extreme cruelty.
What happens after a VAWA self-petition is approved? After approval of the VAWA self-petition, the applicant can apply for a green card through Adjustment of Status (if in the U.S.) or consular processing (if abroad). VAWA petitioners may also be eligible for certain public benefits and work authorization.
Can VAWA applicants receive work authorization? Yes, VAWA self-petitioners may be eligible for work authorization while their green card application is pending.
Can a VAWA petitioner include their children in the petition? Yes, unmarried children under 21 of the abused spouse or parent can be included in the VAWA petition as derivative beneficiaries and may also be eligible for green cards.
Can men apply for VAWA? Yes, VAWA protections are available to all genders. Any spouse, child, or parent who has been a victim of abuse by a U.S. citizen or lawful permanent resident can apply, regardless of gender.
What if my VAWA petition is denied? If a VAWA petition is denied, it may be possible to appeal the decision, file a motion to reopen or reconsider, or explore other forms of immigration relief. It's advisable to consult an immigration attorney in such cases.