NEW JERSEY SPECIAL IMMIGRANT JUVENILE ATTORNEY


Do you know an abandoned or neglected child immigrant?


Abandoned and abused children


Children who have been abused by their parents may obtain legal permanent residency and become admissible in the US.

Unauthorized child immigrants


Young immigrants with no authorization to stay and have been subjected to forms of abuse can achieve legal status.

Special Immigrant Juvenile Status


This classification is given to unauthorized immigrant children below 21, dependent on an agency or court, and can’t be returned to the parents of home country.

Abandoned and abused children


SIJs enjoy the same rights and benefits as other legal permanent residents but cannot sponsor their relatives to enter or live in the United States.

Visas for Abandoned, Neglected, Abused Immigrant Children

Unfortunately, the world has too many abandoned, neglected and abused children. However, those children who are also unauthorized immigrants, may have a straightforward path to legal status. For those who have been abandoned, neglected, or abused, U.S. immigration law contains a provision for granting legal permanent residency (i.e. a green card). Obtaining permanent residency for abandoned New Jersey children is possible.

FIANCE VISA vs MARRIAGE VISA(FBP)
How Long and How Much For Your Fiancé Visa

What is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status ( SIJ) is a classification given to certain unauthorized immigrant children. Once the status is granted, the child may apply for legal permanent residency despite having entered the U.S. illegally, being unlawfully present in the U.S., or being inadmissible to the U.S. and otherwise barred from applying for permanent residency. Please note, however, that a separate waiver may need to be filed to cover grounds of inadmissibility. That is discussed in greater detail below.

Who Qualifies for Special Immigrant Juvenile Status?

To qualify for SIJ, the child must meet the following criteria:

  1. Must be under 21 years of age;Can’t be married (marriage makes you emancipated);
  2. Must be dependent on the court, a government agency, or on someone applying for the child’s custody;
  3. Can’t be reunified with one or both parents of the child because they abandoned, neglected or abused you; and
  4. It must not be in the child’s best interest to return to their home country.

The key to obtaining SIJ status is that the child must have been abandoned, neglected, or abused by one or both parents. These children may be from a variety of groups: children without parents or guardians who are in federal custody, children in the state welfare system, and children who are under court-ordered custody agreements (either wards of a state agency or individual custody).

The State Court Order

To succeed in being classified as a SIJ, the child must submit an order from a state court. Each of the states in the U.S. has different laws and procedures for obtaining the court order. Those seeking SIJ status should understand the laws in the state in which they live.

But, essentially, the state court must decide the following:

>> That the juvenile is a dependent of the court or has been legally placed with a state agency or individual;

>> It is not in the juvenile’s best interest to return to his or her home country or the last country in which the juvenile lived before entering the U.S.; and

The juvenile cannot be reunited with a parent because of one of the following reasons:

>> Abandonment

>> Abuse

>> Neglect

>> Similar reason under that state’s laws.

For example, in New Jersey death of a parent can be considered abandonment.The issue of the juvenile’s abandonment or neglect may be brought by police, welfare authorities, family members, or the child’s non-abusive parent. Please note that the state court order must be in effect at the time the petition is filed with the USCIS. However, if the order is not valid simply because the juvenile became too old to continue to fall under the jurisdiction of the juvenile court, the petition may still be approved.

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How much income do I need to support my fiancé?

Although the fiancé visa is a nonimmigrant visa (which lasts only 90 days), it will also allow your fiancé to apply for a green card within 90 days of entering the U.S. Despite that the financial standards for most non-immigrant visa only require you to show that you have sufficient assets to cover your fiancé’s time in the U.S., fiancé visa’s need to show more in order to get the visa approved.

You will have to fill out Form I-134, Affidavit of Support, and prove that you have sufficient income to support your fiancé. I recommend that you satisfy the higher requirements for the adjustment of status application (Form I-485) which you will be filing within 90 days of your fiancé’s entry into the U.S. When your fiancé visits the U.S. consulate to get her visa, you don’t want a denial because of inadequate finances. To avoid any delay you should meet the higher standard. That means you need to show that you can support your fiancé at 125% of the Federal Poverty Guidelines. The guidelines are published annually on Form I-864P and are based on your household size (usually taken from your income tax returns) including your fiancé and dependents.

Petitioners for SIJ status must file Form I-360, Petition for Amerasian, Widow(er), of Special Immigrant. The petition must be filed with the state court order discussed above. It must also include birth certificates, immigration documents, and any other relevant supporting documentation.

Petitioners for SIJ status may file the I-360 alone or may concurrently file it with Form I-485, Application for Adjustment of Status to Permanent Residency. Either way, there may be some time between approval of the SIJ petition and approval of the application for permanent residency. This is because of annual numerical limitations established by Congress. In general, however, priority dates for the SIJ category are current for most countries. SIJ falls in the EB-4 category on the visa bulletin. I have previously discussed the visa bulletin in other articles.

If the SIJ is inadmissible to the U.S., he or she should also include an inadmissibility waiver (Form I-192). Further, while the permanent residency application is pending, the SIJ may be issued an employment authorization card. For this, Form I-765 should be filed. An application to waive the application fees (Form I-912) may be included as well.

Can you obtain a green card as an unauthorized child immigrant suffering abuse and abandonment?


The Special Immigrant Juvenile Petition and the Green Card Application

Petitioners for SIJ status must file Form I-360, Petition for Amerasian, Widow(er), of Special Immigrant. The petition must be filed with the state court order discussed above. It must also include birth certificates, immigration documents, and any other relevant supporting documentation.

Petitioners for SIJ status may file the I-360 alone or may concurrently file it with Form I-485, Application for Adjustment of Status to Permanent Residency. Either way, there may be some time between approval of the SIJ petition and approval of the application for permanent residency. This is because of annual numerical limitations established by Congress. In general, however, priority dates for the SIJ category are current for most countries. SIJ falls in the EB-4 category on the visa bulletin. I have previously discussed the visa bulletin in other articles.

If the SIJ is inadmissible to the U.S., he or she should also include an inadmissibility waiver (Form I-192). Further, while the permanent residency application is pending, the SIJ may be issued an employment authorization card. For this, Form I-765 should be filed. An application to waive the application fees (Form I-912) may be included as well.

Limitations on Sponsorship for Special Immigrant Juveniles

When the permanent residency petition is approved, SIJs receive the rights and benefits of other legal permanent residents with one big exception: Special Immigrant Juveniles cannot sponsor relatives in the same way as other legal permanent residents can.

Specifically, SIJs may not sponsor siblings while they are permanent residents (they can sponsor brothers and sisters after they naturalize and become U.S. citizens) and they may never sponsor their parents (even the non-abusive one and even after they become citizens). In sum, these permanent residents are orphans in the eyes of the law and, as such, their family sponsorship privileges are substantially restricted.

There are many complicated issues in the Special Immigrant Juvenile process. Both state courts and federal immigration agencies are involved. Anyone seeking these immigration benefits needs to ensure that he or she is protected and secure throughout the process. This is where an experienced NJ immigration attorney is invaluable. As such, if you are contemplating pursuing a green card through the SIJ program or if you are a child advocate, you should seek the advice and assistance of competent legal counsel.

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"Ms. Cartagena successfully filed her VAWA petition. As a result, she was able to live without the fear of deportation or losing her kids."

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What Are You Waiting For?


People often put off seeing a doctor until it is too late. The same is true when it comes to immigration. Immigration problems often get worse with time, not better. You’re risking your family, your freedom and all that you work so hard for by not getting the care you need. You can find out right now if you may already qualify for legal status in the US. Just click below or call the Green Card to schedule a comprehensive immigration exam. It is free, so what are you waiting for?

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Free Deportation Risk Assessment

Where you ever caught at by immigration and returned to your country? (¿Dónde alguna vez te pilló inmigrando y regresaste a tu país?)*

Have you ever been arrested for any reason? (¿Alguna vez te han arrestado por alguna razón?)*

How many times have been arrested? (¿Cuántas veces han sido arrestados?)*

Were you arrested for any of the following reasons? (Check all that apply) (¿Te arrestaron por alguna de las siguientes razones?)

Have you ever filed for an immigration benefit and been denied? (¿Alguna vez ha presentado un beneficio de inmigración y se le ha negado?)*

Have you entered the US illegally more than once after 1997? (¿Ha entrado ilegalmente en los Estados Unidos más de una vez después de 1997?)*

Do you owe back child support? (¿Debes manutención infantil?)*

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Your privacy is important to us. We will keep the information you provide strictly confidential. We only use your information to determine if you may be eligible for immigration benefits in the United States. The information we provide should not be construed as legal advice and submission of this form does not create an attorney/client relationship.

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Información Personal / Personal Information

Subheading

Idioma Preferido*

Preferred Language

Fecha Nacimiento*

Date of Birth

Pais de Nacimiento*

Country of Birth

Entradas a las EEUU / Entries into the US

Subheading

Fecha Entrada*

Date of Entry

Entrada Legal*

Did you enter legally?

Background

Subheading

¿Tiene usted padres, conyuge o hijos mayores de 21 anos,Que ha estado o esta en las fuerzas armadas Americanas?*

Do you have a parent, spouse, or child over 21 who is or was in the US military?

¿Tiene usted padres,conyuge o hijos mayores de 21 anos, ciudadanos Americanos o residentes permanentes?*

Do you have a parent, spouse, or child over 21 who is a US citizen or lawful permanent resident?

¿Ha tenido usted, sus padres o sus abuelos un estado legal en los EEUU?*

Did you, your parents, or your grandparents ever have legal status in the U.S.?

¿Esta considerando matrimonio con us ciudadano Americano o residente permanente? ( mismo sexo incluido)*

Are you considering marriage to a US citizen or green card holder (same-sex marriage included)?

Background

Subheading

¿Alguien ha peticionado a su favor por motivos de inmigración?*

Has anyone ever filed an immigration petition for you before?

¿Ha sido usted deportado o esta usted en procedimiento de deportación ahora?*

Have you ever been deported or are you in deportation proceedings now?

Ha sido abusado por sus padres, conyuge o hijo mayor de edad?*

Has your parent, spouse, or adult child been abusive to you?

¿Si es asi, fue previo a Abril 30 del 2001?*

If so, was it before April 30, 2001?

Background

Subheading

¿Fue usted, conyuge, sus padres, pareja o sus hijos victimas de de un crimen violento en los EEUU?*

Were you, your parents, siblings, spouse, partner, or children a victim of a violent crime in the US?

¿Es usted menor de 21 años y soltero?*

Are you under 21 and not married?

¿Tiene usted un padre, conyuge o hijo menor de 15 anos con requerimientos especiales médicos (dificultades de estudio, alergias severas, asma u otra condición medica severa)?*

Do you have a parent, spouse, or child under 15 with medical or special needs (learning disability, severe allergies or asthma, or other serious medical condition)?

¿Fue usted maltratado, abusado o abandonado por sus padres?*

Did your parents mistreat, abuse, or abandon you?

Background

Subheading

¿Tenia usted 30 anos o menos en Junio, 15, 2012?*

Were you 30 years or under on June 15, 2012?

¿Tenía usted 15 años o menos en su primera entrada en los EEUU?*

Were you 15 years old or younger on your first entry into the US?

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