Green Card Options for Special Immigrant Juveniles

1. What are the requirements for obtaining a green card as a special immigrant juvenile?


In order to be eligible for a green card as a special immigrant juvenile, an individual must meet the following requirements:

1. Be under 21 years of age
2. Have been declared dependent on a juvenile court located in the U.S.
3. Have been declared eligible for long-term foster care or guardianship due to abuse, neglect, or abandonment by one or both parents
4. Have been deemed ineligible for reunification with one or both parents due to abuse, neglect, or abandonment
5. Have been granted special immigrant juvenile status by U.S. Citizenship and Immigration Services (USCIS).

2. How can I apply for a green card as a special immigrant juvenile?


To apply for a green card as a special immigrant juvenile, you must first establish your eligibility for classification under the Immigration and Nationality Act (INA) §101(a)(27)(J). This requires that you:

1. Be under 21 years of age;
2. Have been declared dependent on a juvenile court located in the United States or, if state law requires, have been legally committed to, or placed under the custody of, an agency or department of a state;
3. Have been deemed eligible by a state court or an authorized government agency to have a reunification plan for the purpose of reuniting with one or both of your parents and for whom it has been determined that it is not in your best interest to be returned to the country of your nationality.

Once you have established eligibility, you must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with U.S. Citizenship and Immigration Services (USCIS). This form requires that you provide evidence that demonstrates your eligibility for special immigrant juvenile status. Documents and information needed vary depending on the case. Examples may include court orders, affidavits from social workers or other experts, proof of legal custody or guardianship, and documents providing evidence of reunification plans.

3. What are the eligibility requirements for a special immigrant juvenile adjustment of status?


To qualify for special immigrant juvenile adjustment of status, an individual must:

1. have been declared dependent on a juvenile court located in the U.S. or have had a legal guardianship established by the juvenile court;

2. have been declared eligible by the court for long-term foster care or other form of permanent custodianship;

3. be unmarried and under 21 years of age;

4. have been present in the United States for at least two years prior to filing Form I-485; and

5. demonstrate that reunification with one or both of his or her parents is not possible due to abuse, neglect, abandonment, or a similar basis found under state law.

4. Who is eligible for a special immigrant juvenile green card?


A person is eligible for a special immigrant juvenile green card (SIJ status) if they are:

• Under 21 years old;
• Unmarried;
• Have been declared dependent on a juvenile court located in the United States;
• The court has determined that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis under state law; and
• It is determined that it is not in the best interest of the person to be returned to their home country.

5. What is the filing fee for a special immigrant juvenile green card application?


The filing fee for a special immigrant juvenile green card application is $930.

6. How long does it take to obtain a special immigrant juvenile green card?


It can take up to 6 months to obtain a special immigrant juvenile green card once the application is submitted and all the necessary documents are in order.

7. Is there any waiver available for the filing fee for the special immigrant juvenile green card application?


Yes. Certain applicants for a Special Immigrant Juvenile Green Card may be eligible to have their filing fee waived. Applicants should submit Form I-912, Request for Fee Waiver, along with their application.

8. Are there visas available for family members of a special immigrant juvenile?


Yes, the family members of a special immigrant juvenile may be eligible for derivative status under the Child Status Protection Act (CSPA). This would allow them to apply for an I-130 petition to adjust their immigration status to obtain lawful permanent residence (green card).

9. Is it possible to obtain employment authorization with a special immigrant juvenile green card?


Yes, it is possible to obtain employment authorization with a special immigrant juvenile green card. An applicant who holds an approved I-360 petition as a Special Immigrant Juvenile (SIJ) may apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization.

10. Can I travel outside the U.S. with my special immigrant juvenile green card?


Yes, you can travel outside the U.S. with a special immigrant juvenile green card. However, you should always check the requirements of the country you plan to visit. Generally, you may need additional documents such as a valid passport and visa in order to enter that country.

11. Is there any way to speed up the process of obtaining a special immigrant juvenile green card?


Unfortunately, no. The process of obtaining a Special Immigrant Juvenile Green Card does not have a way to expedite it. The process is completely dependent on the decisions of the court and the United States Citizenship and Immigration Services (USCIS). The processing times can vary depending on the individual case.

12. Are there any additional documents I need to submit with my application for an adjustment of status as a special immigrant juvenile?


Yes, you may need to submit additional documents with your application, such as a court order or documents that show your eligibility under the special immigrant juvenile criteria. Additionally, you may need to provide evidence of your immigration status, such as a valid passport or visa, proof of lawful entry into the United States, and any other relevant documents.

13. What happens if my application for an adjustment of status as a special immigrant juvenile is denied?


If your application for an adjustment of status as a special immigrant juvenile is denied, you may be able to appeal the decision or file a motion to reopen or reconsider. You may also be able to submit a new application if any of the conditions that caused the denial have changed. Finally, you may also be eligible to apply for a different type of visa that may meet your needs.

14. Can I obtain citizenship through my special immigrant juvenile green card?


No. Although the Special Immigrant Juvenile (SIJ) green card gives you lawful permanent residence in the United States, you still need to satisfy certain requirements to become a U.S. citizen, such as having a valid green card for at least five years and meeting other eligibility requirements.

15. Is it necessary to attend an interview as part of the process to obtain a special immigrant juvenile green card?


Yes, it is necessary to attend an interview as part of the process to obtain a special immigrant juvenile green card. This interview is conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, and it is an important part of the process for determining an applicant’s eligibility for the green card.

16. What happens if I lose my special immigrant juvenile green card?


If you lose your special immigrant juvenile green card, you should contact U.S. Citizenship and Immigration Services (USCIS) as soon as possible to report the loss and request a replacement. The USCIS will ask you to file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee.

17. Are there any circumstances in which I may be able to apply for permanent residence through another avenue following receipt of my special immigrant juvenile green card?


Yes, you may be able to apply for permanent residence through other avenues once you receive your special immigrant juvenile green card. Depending on your individual situation, this could include family based immigration, employment based immigration, or other forms of relief. It is important to speak with an immigration lawyer to discuss your options.

18. Are there any restrictions on working outside the U.S with my special immigrant juvenile green card?


Yes, there are restrictions on working outside of the U.S. with a special immigrant juvenile green card. Generally, individuals must seek permission from USCIS to work outside of the country and must renew their permission every two years. Additionally, travel outside of the country can cause issues with a person’s immigration status, so it is important to seek advice from an immigration attorney prior to traveling abroad.

19. How long is my special immigrant juvenile green card valid for?


A Special Immigrant Juvenile (SIJ) Green Card is valid for an indefinite period of time, as long as the individual meets certain requirements for maintaining permanent residency.

20. Will I be able to become a U.S citizen if I obtained my special immigrant juvenile green card through an adjustment of status process?


Yes, you may become a U.S. citizen if you obtained your special immigrant juvenile green card through an adjustment of status process. You must meet all other eligibility requirements for naturalization, such as having resided in the U.S. continuously for at least five years, being able to demonstrate good moral character, and passing a civics exam.