1. What is an SIJ visa?
An SIJ visa, also known as the Special Immigrant Juvenile Status (SIJS) visa, is a type of visa that is available to foreign-born children who have been abused, abandoned, or neglected by one or both of their parents. The visa allows them to live and work legally in the United States. The visa is granted by the U.S. Citizenship and Immigration Services (USCIS). To qualify for an SIJ visa, a child must first obtain a court order from a state family court declaring that they are dependent on the state and cannot be reunified with one or both parents due to abuse, abandonment, or neglect.
2. Who qualifies for an SIJ visa?
The SIJ visa is available to certain foreign-born, unmarried children who have been abused, neglected, or abandoned by one or both of their parents. To qualify, the child must be between the ages of 16 and 21, and must have made a “special immigrant juvenile” finding in state court. The child must also demonstrate that they are unable to reunite with one or both of their parents due to abuse, neglect, abandonment, or a similar basis under state law.
3. How do I apply for an SIJ visa?
To apply for an SIJ visa, you must meet certain eligibility criteria and submit a completed application to the U.S. Citizen and Immigration Services (USCIS) office in your home country. USCIS will review your application and if approved, will issue you an SIJ visa. You must then travel to the United States and present your visa to an immigration official at a U.S. port of entry. Once you have been admitted, you will receive an Employment Authorization Document (EAD). This document allows you to work in the United States while completing the SIJ process.
4. How long does it take to process an SIJ visa application?
The processing time for an SIJ visa application varies by case and can take anywhere from 3-6 months.
5. What documents do I need to submit with my SIJ visa application?
You will need to provide the following documents:
• Proof of age (birth certificate, passport, etc.)
• Prueba de apoyo financiero
• Proof of address
• Completed application form
• Passport or other travel document
• Dos fotografías tamaño pasaporte
• Evidence of any past immigration violations
• Copies of court documents related to any criminal convictions, if applicable
• Copies of school transcripts or relevant academic records
• A signed affidavit from your parent or legal guardian that they consent to the travel as well as to be financially responsible for you
• A letter of support from your parent or legal guardian stating that they are aware of your plans, and that they support your travel
• Copies of documents demonstrating parental relationship between you and your parent or legal guardian (ie birth certificates, marriage certificates, etc.)
• A copy of your medical exam results showing that you meet the medical requirements
6. What are the eligibility requirements for an SIJ visa?
To qualify for an SIJ visa, an applicant must be a child under the age of 21 who has been declared dependent on a juvenile court in the United States. The applicant must also demonstrate that he or she is unable to reunite with one or both parents due to abuse, neglect, abandonment, or a similar basis under state law; that reunification with one or both parents would not be viable due to abuse, neglect, abandonment, or a similar basis under state law; and that it is not in the best interest of the applicant to be returned to his or her country of origin. Finally, the applicant must demonstrate that he or she has been lawfully admitted to the United States.
7. What is the cost of an SIJ visa application?
The cost of an SIJ visa application depends on the type of visa you are applying for. Generally, the fees range from $190 to $265 USD.
8. Is medical examination required for an SIJ visa application?
Yes, medical examination is required for an SIJ visa application. The applicant must have a medical examination by a physician from the United States Citizenship and Immigration Services (USCIS) approved panel of physicians. The results of the medical examination must be submitted with the SIJ application.
9. What happens after my SIJ visa application is approved?
Once your application is approved, you will be issued a visa that is valid for four months. You will then be able to travel to the U.S. to begin your work and educational program.
10. What options do I have if my SIJ visa application is denied?
If your SIJ visa application is denied, you will have to reapply for the visa with updated or new information and evidence to support your claim. Alternatively, you may also explore other visa options that may be available to you.
11. Do I need to attend an interview as part of my SIJ visa application process?
No, you do not need to attend an interview as part of the SIJ visa application process. The only requirement is that you submit all the necessary forms and documents, and meet the applicable eligibility criteria.
12. Are there any other restrictions or requirements for an SIJ visa applicant?
Yes. In addition to being under the age of 21 and unmarried, an SIJ visa applicant must be dependent on a parent or parents with lawful immigration status in the United States, have been declared dependent on a state juvenile court or have a caregiver designated by a juvenile court, and have been declared eligible for long-term foster care or guardianship by a state court or a licensed agency. The applicant must also demonstrate that reunification with one or both of the parents is not possible due to abuse, neglect, abandonment, or a similar basis found under state law. Additionally, the applicant must be currently enrolled in school, have good moral character and not pose any threat to the safety of the public or national security.
13. Can I work in the U.S. with an SIJ visa?
No, the SIJ visa does not allow you to work in the United States. The SIJ visa is a non-immigrant visa that allows eligible immigrant and refugee children to remain lawfully in the US while seeking permanent residency.
14. How long can I stay in the U.S. with an SIJ visa?
You can stay in the U.S. with an SIJ visa until you reach the age of twenty-one, at which point you may be eligible to apply for permanent residency.
15. Can I travel outside the U.S. while on an SIJ visa?
No, you are not allowed to travel outside of the United States while on an SIJ visa. You must remain in the United States while your visa is valid.
16. How do I renew or extend my SIJ visa?
In order to renew or extend your SIJ visa, you must submit a request to the United States Citizenship and Immigration Services (USCIS). You will need to fill out Form I-539 and include a copy of your current SIJ visa, evidence of financial support, and any other relevant documentation. Additionally, you will need to pay the fee associated with the application. Once you have submitted your application, USCIS will review your request and decide whether or not to approve it.
17. Do I need a lawyer to apply for an SIJ visa?
No, you do not need a lawyer to apply for an SIJ visa. However, it is recommended that you seek the assistance of an experienced immigration attorney who can provide guidance on the application process and answer any questions you may have.
18. Can I bring family members with me when I travel to the U.S on an SIJ visa?
No, family members are not allowed to accompany you when you travel to the U.S. on an SIJ visa.
19. What happens if my immigration status changes once I receive my SIJ visa?
If your immigration status changes after you receive your SIJ visa, it will be up to the discretion of the U.S. Citizenship and Immigration Services (USCIS) to determine if they will allow you to remain in the United States. Depending on the circumstances, USCIS may allow you to stay in the US or they may require you to return to your home country.
20. Are there any benefits associated with holding an SIJ visa?
Yes, there are many benefits associated with holding an SIJ visa. These benefits include the ability to work legally in the United States, access to education and health care services, and protection from deportation.