Adhami Law Group
In Episode 15, Kousha Adhami covers essential questions surrounding the Special Immigrant Juvenile Status (SIJS) green card process. Understanding SIJS requirements and avoiding common mistakes is crucial for those assisting minors in obtaining lawful status. This episode provides in-depth strategies for handling complex cases and navigating each stage of the SIJS process to ensure a successful outcome.
What if the Parent or Petitioner Dies After the Initial Court Approval but Before I-360 Approval?
This is a complex scenario, as the child’s welfare becomes the primary concern. If a parent or guardian dies before I-360 approval, adjustments may be necessary to preserve the child’s eligibility. This may involve appointing a new guardian through the court to satisfy SIJS requirements.
Prioritize the Child’s Best Interests Over Immigration Status
The attorneys stress that courts focus on the child’s welfare, and timely court intervention is essential to maintain eligibility despite changes in custodial status.
Can I Apply for SIJS if I Don’t Live in California?
Adhami Law Group primarily handles cases in California, but since SIJS is governed by federal law, they represent clients from other states for the federal immigration aspects. However, the initial state court petition must be handled by a local attorney familiar with SIJS in that jurisdiction.
Choose Specialized Local Representation
For SIJS applicants outside California, hiring a local attorney who understands SIJS requirements in that state is crucial to prevent delays or procedural errors.
Can a Minor Still Apply for SIJS if Abandoned or Neglected in the U.S.?
As a part of the SIJS Green Card Process, abandonment or neglect within the U.S. often qualifies as a minor for SIJS. It’s essential to provide documentation that clearly demonstrates the abandonment or neglect occurred domestically.
Document U.S.-Based Abandonment to Support SIJS Eligibility
Presenting evidence of abandonment in the U.S. can help establish eligibility and allow the case to proceed without unnecessary complications.
What Happens to a Child’s SIJS Case if the Parent Has a Deportation Order?
A deportation order for the parent does not directly impact the child’s SIJS eligibility. While the parent may appeal their order, this status remains separate from the child’s SIJS case.
Leverage SIJS Status in Family Deportation Scenarios
Securing SIJS for the child can offer a safeguard for their immigration path, even if the parent’s situation is unresolved.
What is the Age Cutoff for SIJS Applications?
To qualify for SIJS, the minor must be under 21. However, specific age limits may vary based on court type: family law courts require filing by age 18, while probate courts allow filing up to age 21.
File Early to Meet Court-Specific Age Requirements
Attorneys advise early filing, especially through ex parte motions, to meet SIJS requirements and avoid age-related delays that could complicate the application process.
How Does SIJS Apply to Minors Already in Immigration Court? Can Their Hearing Be Extended?
For unaccompanied minors in immigration court, SIJS may be a viable relief option if they qualify. Judges typically grant continuances to allow the minor time to obtain a state court order necessary for SIJS.
Request Continuances to Complete SIJS Process
If a minor’s immigration case is pending, attorneys can request delays in court proceedings, giving the minor time to secure SIJS eligibility as a defense against deportation.
Conclusion
Episode 15 of the VivaVisa Podcast underscores the importance of understanding and acting promptly within the SIJS green card process. Missing critical steps or delaying action can lead to significant challenges, including increased costs, legal risks, and lost opportunities for permanent residency. Families seeking SIJS should consult qualified attorneys to ensure all requirements are met and avoid costly mistakes.
To navigate the SIJS journey successfully, Adhami Law Group offers expert guidance, helping families overcome challenges and secure a stable future for minors. Contact us at 213-204-6500 or visit our website for personalized assistance. Take decisive action today to protect the immigration future of a child.
Don’t navigate these challenges alone.
Contact Adhami Law Group at 213-204-6500 or visit our website for comprehensive support and guidance. Embrace this chance to turn legal challenges into a security, recognition, and support-filled future. Listen, learn, and take decisive steps toward a safe, belonging, and opportunistic future with Adhami Law Group.