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Law Offices of Gita B. Kapur and Associates

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Special Immigrant Juvenile Status (SIJS)

Helping California’s Noncitizen Minors Get Special Immigrant Juvenile Status

Noncitizen immigrant youth who suffer from abuse and neglect are incredibly vulnerable. The United States government has created measures to protect these brave young people. Through Special Immigrant Juvenile Status (SIJS), abused and neglected minors can earn a pathway to permanent citizenship in the U.S.

At the Law Offices of Gita B. Kapur and Associates, our immigration attorneys care deeply about standing up for immigrants under the age of 18 whose rights need protection. With more than 30 collective years of experience, our Los Angeles SIJS lawyers know how to take control of a terrifying situation and make things right with a Special Immigrant Juvenile Status petition.

How SIJS Offers a Pathway to Citizenship

SIJS classification provides many benefits, such as waiving several types of inadmissibility that would prevent an immigrant from obtaining their lawful permanent residency. Once the minor obtains their SIJS classification, he or she may be able to file for lawful permanent residency, subject to visa availability. Then, they may petition for lawful permanent residency: a green card.

Who Qualifies for SIJS?

If the unmarried minor under the age of 21 or, in other circumstances, under the age of 18, is physically present in the United States and is in need of the protection of the juvenile court due to being abused, abandoned and/or neglected by one or both parents, he or she may be eligible for Special Immigrant Juvenile Status. To qualify for SIJS classification, the minor will need to obtain a juvenile court order issued by a state court determining that the minor is:

  • Dependent on the court
  • In the custody of a state agency, department, or an individual or entity appointed by the court
  • Unable to be reunified with one or both parents due to abuse, abandonment or neglect
  • Not suited to return to his or her country of nationality or country of last residence for him or her, or his or her parents

For family court cases, the minor must be under the age of 18. Contact us if you would like us to evaluate your specific circumstances and determine if you are eligible for SIJS classification.

What Is the Difference Between SIJS and DACA?

Deferred Action for Childhood Arrivals (DACA) and Special Immigrant Juvenile Status (SIJS) are both immigration relief options for young people, but they serve different purposes. DACA provides eligible individuals who arrived in the U.S. as children with temporary protection from deportation and authorizes them to work in the U.S. SIJS is a pathway to lawful permanent residency for minors who are victims of crimes such as abuse, neglect or abandonment by one or both of their parents. SIJS leads to a green card, while DACA does not.

How Long Does It Take to Get Special Immigrant Juvenile Status?

The process to SIJS can vary significantly depending on individual circumstances and the backlog of cases. Generally, it takes several months to a few years. The process involves obtaining a state court order, filing the SIJS petition with U.S. Citizenship and Immigration Services (USCIS), and waiting for approval. Factors such as the complexity of the case and the efficiency of the court and USCIS can influence the timeline.

Can the Government Deport Individuals With SIJS?

Individuals with Special Immigrant Juvenile Status (SIJS) usually have protection from deportation once they obtain lawful permanent residency (a green card). However, before receiving a green card, they may still face deportation if they do not maintain their SIJS status or if the court denies their green card application. After becoming a permanent resident, the court can deport them for certain criminal activities or for immigration violations, similar to other green card holders.

Get More Information From a California SIJS Attorney

If you or someone you know is a noncitizen under the age of 18 who has suffered abuse or neglect, the Law Offices of Gita B. Kapur and Associates is ready to help them. Please call us at 213-784-6598 or send us an email today. We have law offices in Los Angeles and Fullerton. Our team members speak a variety of languages to ease the process for our immigrant clients, including Spanish, Zapotec, Korean, Hindi, Punjabi, Gujarati, and Urdu.