Special Immigrant Juvenile Status in New York Family Court

Special Immigrant Juvenile Status in New York Family Court

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The Special Immigrant Juveniles (SIJS) Status program is intended to help undocumented foreign-born children who:

  • Are currently resident in the United States
  • Have been neglected, abused, or abandoned by one or both parents

SIJS enables immigrants under the age of 21 to apply for and receive permanent residency in the country.

The eligibility criteria for SIJS are very strict. For an applicant to qualify in New York, a Family Court must do the following:

  • Verify that the person is under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
  • Confirm that they are unmarried: juveniles whose marriages ended in death, divorce, or annulment still qualify
  • Declare that the juvenile is a dependent of the court or place them with a state agency, private agency, or a private guardian
  • Find that they cannot reunite with one or both parents due to abandonment, abuse or neglect
  • Decide that it is not in the applicant’s best interests to return to their birthplace or last residence

Obtaining Special Immigrant Juvenile Status in New York State has two primary stages. First, the applicant must participate in a Family or Surrogate’s Court proceeding (e.g. adoption, custody or guardianship) in the county where they live. During this proceeding, the juvenile must get an order that confirms their eligibility for SIJS.

The usual means for the New York Family Court to get jurisdiction over a juvenile is via guardianship, but there are others ways to bring in a motion, such as a PINS (Person in Need of Supervision) proceeding or the following hearings for children in foster care:

  • Neglect
  • Custody
  • Adoption
  • Permanency

The second stage occurs after the order is received from the Family or Surrogate’s Court. The applicant can now apply to the United States Citizenship and Immigration Service (USCIS) for Special Immigrant Juvenile Status.

Special Immigrant Juvenile Status comes with many benefits for disadvantaged juveniles. One of the biggest is that SIJS waives certain inadmissibility factors that would otherwise prevent them from getting a green card. Examples include:

  • Unlawful entry
  • Status as a public charge
  • Working without authorization

Once the young person receives their SIJS, they will become a legal permanent resident of the United States, which allows them to find employment without breaking immigration laws. Eventually they will be able to apply for American citizenship.

Anyone who received their U.S. green card through the SIJS program has some restrictions when it comes to sponsoring others. They may not petition for a green card for their parents, and can only do so for brothers and sisters after they become American citizens.

Young people who want to apply for SIJS should arrange to engage the services of an experienced New York family law attorney. Although the benefits are great the procedure can be a complex one, and expert legal support can bring about the outcome the applicant needs to start a new life in the United States. The attorneys of Eskin and Eskin, P.C. offer free consultations on family and divorce law. They handle complex situations dealing with both children and adults. Call 718-402-5204 to set up your consultation and be sure to visit www.EskinAndEskinLaw.com to learn more about our law firm.

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