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A 16-year-old in Houston lives with her aunt. Her father left when she was small, and her mother could not protect her from violence back home. She has no immigration papers. A law called Special Immigrant Juvenile Status, or SIJS, was written for young people in her position. It can lead to lawful permanent residence, which is the legal name for a green card. The process has two parts, and the first one happens in a state court, not an immigration office.
Who can qualify
U.S. Citizenship and Immigration Services (USCIS) lists the requirements on its SIJ page. You must be under 21 on the day you file the petition. You must live in the United States and be unmarried, both when you file and when USCIS decides. You cannot apply from another country.
You also need a state juvenile court order. A juvenile court here means any state court that can decide the custody and care of young people; its name changes from state to state. The order must find three things: that you depend on the court or were placed in someone's custody, that you cannot reunify with one or both parents because of abuse, abandonment, neglect, or a similar reason under state law, and that returning to your home country is not in your best interest.
Step one, then step two
Step one is the state court case, often a guardianship or custody case. USCIS warns that some juvenile courts can only issue these orders before age 18, so the real deadline in your state may come years before 21.
Step two is Form I-360, the federal petition, filed with USCIS with proof of age (a birth certificate, passport, or a document such as a cédula) and the court order. USCIS says it generally decides these petitions within 180 days. After approval, you may apply for a green card with Form I-485. Visas for this group come from a limited category, so some young people must wait before they can file that second form.
USCIS also says it will not require you to contact the parent who hurt or abandoned you.
School while you wait
Waiting can take a long time. In Plyler v. Doe (1982), the U.S. Supreme Court struck down a Texas law that let schools turn away children who were not legally admitted to the country. Public schools must enroll you while your case moves forward.
One recent change: USCIS's page now says that earlier grants of deferred action (a temporary promise not to deport someone) for SIJ youth stay valid unless USCIS ends them case by case. It does not describe new grants. Ask a lawyer what that means for you.
What to do first
Talk to a free or low-cost immigration lawyer before you turn 18 if you can, because the state court step may close then. The USCIS 'Find Legal Services' page is a safe place to start. Avoid anyone called a 'notario' who offers to file for you.
If you are close to 21, you or your lawyer can call the USCIS Contact Center at 800-375-5283 and ask for an SIJ expedite appointment. It lets you file Form I-360 in person at a field office within the two weeks before your 21st birthday.
À retenir
- SIJS is for unmarried young people under 21, living in the U.S., who cannot reunify with a parent because of abuse, neglect, or abandonment.
- It starts with a state juvenile court order and continues with Form I-360 filed with USCIS.
- Some state courts can only act before 18, so see a lawyer early.
- Near 21, call 800-375-5283 to ask for an in-person filing appointment.
Sources
Cet article donne des informations éducatives générales, pas un conseil juridique personnalisé. KidsKnowRights n'est pas un cabinet d'avocats, et lire cet article ne crée pas de relation avocat-client. Les lois varient selon l'État, l'âge et les circonstances, et elles changent avec le temps. Pour un conseil sur une situation réelle, adresse-toi à un avocat agréé ou à un organisme d'aide juridique.