Special Immigrant Juvenile Status (SIJS) is a specialized field that requires significant expertise due to its serious and far-reaching effects on minors and their families. At Summit Law, we have the experience needed to handle SIJS cases effectively and are here to guide you through the process with confidence.

What is Special Immigrant Juvenile (SIJ) Status?

Special Immigrant Juvenile (SIJS) status is a protective immigration status available to immigrant children who have been subjected to abuse, abandonment, or neglect by one or both parents. This status is designed to provide a pathway to lawful permanent residence (green card) for eligible children who are currently in the United States.

Who Qualifies for SIJ Status?

To qualify for SIJS status, you must:

  • Be under 21 years old when you file the SIJS petition with the United States Citizenship and Immigration Services (USCIS).

  • Be present in the United States and have been declared dependent on a juvenile court located in the United States or placed under the custody of a state agency or individual appointed by a state court.

  • Demonstrate that it is not in your best interest to return to your home country due to abuse, abandonment, or neglect by one or both parents.

We can assist you in applying for the findings necessary from a Family or Juvenile Court by filing either a petition for guardianship or petition for allocation of parental responsibilities (custody) for the minor(s) seeking SIJS status. We do not file the petition with USCIS; however, partner with trusted Immigration attorneys to assist you in the filing of necessary Immigration documents.

What is the process?

Here’s how the SIJ process generally works in relation to family court proceedings in Colorado:

1. Dependency or Custody Order from Family Court:

  • To apply for SIJS status, the child must first obtain a dependency or custody/guardianship order from a family court in Colorado. This order must be issued after a finding that the child has been subjected to abuse, abandonment, or neglect by one or both parents, and that it is not in the child’s best interest to be returned to their home country.

2. Requirements for Family Court Proceedings in Colorado:

  • The family court in Colorado will conduct hearings to determine the child’s dependency or custody status. It may appoint a guardian ad litem to represent the child’s interests during these proceedings.

3. Issuance of Findings by Family Court:

  • The family court must issue specific findings regarding the child’s abuse, abandonment, or neglect and the child’s best interest not to be returned to their home country. These findings are crucial for the child’s SIJS petition.

4. Filing the SIJ Petition with USCIS:

  • Once the family court issues the dependency or custody order with the necessary findings, the child (or their legal guardian) can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS) to apply for SIJS status.

5. USCIS Processing and Approval:

  • USCIS will review the SIJS petition and supporting documentation. If approved, the child may be eligible to apply for lawful permanent residence (green card).

6. Benefits of SIJ Status:

  • SIJS status provides protection against deportation (removal) from the United States and offers a pathway to lawful permanent residence (green card).

  • SIJS status may also provide access to certain public benefits and services.

How we can help you

We can help minors apply for Special Immigrant Juvenile Status (SIJS) by initiating legal proceedings in Family or Juvenile Court. Our services include:

  1. Legal Petitions: We can file petitions in Family or Juvenile Court, such as:

    • Petition for Guardianship: Seeking guardianship of the minor to establish dependency required for SIJS eligibility.

    • Petition for Allocation of Parental Responsibilities (Custody): Pursuing allocation of parental responsibilities (custody) to ensure the minor’s safety and well-being due to abuse, abandonment, or neglect.

  2. Court Findings: We work to obtain court findings necessary for SIJS eligibility:

    • Confirming abuse, abandonment, or neglect by one or both parents.

    • Determining it is not in the minor’s best interest to return to their home country.

  3. Collaboration with Immigration Attorneys: While we do not handle USCIS filings directly or practice immigration law, we can collaborate with trusted immigration attorneys who:

    • Assist in preparing and filing the appropriate forms;

    • Provide legal counsel and representation throughout the SIJS application process.

Why Choose Us

  • Expertise and Dedication: We have extensive experience navigating Family and Juvenile Court proceedings in Colorado and we possess a deep understanding of the legal complexities involved in securing Special Immigrant Juvenile Status (SIJS) for minors.

  • Collaborative Approach: By partnering with immigration attorneys, we ensure minors receive specialized guidance for their SIJS applications.

  • Advocacy: Our combined expertise, collaborative approach, and unwavering advocacy make us the ideal choice for families seeking assistance with SIJS applications in Colorado.

For more information or to initiate assistance in applying for SIJS, please contact us to schedule a consultation.