Special Immigrant Juvenile Status (SIJS) is available to certain undocumented immigrants under the age of 21 who do not live with one or both parents, and whose separation from one or both parents meets specific criteria. SIJS is a way for immigrants under 21 to apply for and obtain legal permanent residence in the United States.
In order to qualify, the young person must be under 21 years old, unmarried and a state court needs to declare the young person either 1) a dependent on the court or 2) in the custody of a state agency/department or person appointed by the court.
The immigrant youth needs to show that reunification with one or both parents is not a viable option because of abuse, abandonment or neglect or a similar basis under state law and show that it is not in their best interest to return to their home country or country where they lived before coming to the United States. This means going to a state court before applying for the immigration benefit where a judge can make these determinations.
As always, HELS can provide a consultation to explore immigration options at no cost.