unaccompained minor – SIJS petition

Special Immigrant Juvenile Status is a special provision applicable to certain young immigrants who are present in the United States and are without their parents and cannot be returned to the care of their parents. To be eligible for Special Immigrant Juvenile Status, the child must have been abused, abandoned, or neglected by his parents.

The process for SIJS is very complex. In order to be eligible for SIJS, the child must be under the jurisdiction of a juvenile court of the state where they live, and may also need a waiver in certain circumstances.

To be eligible for SISJ:
◾You must be less than 21 years of age at the date of filing
◾The order of the juvenile court of the state must be current at the date of filing and when USCIS makes a decision on request, unless it is “expired” due to the child aging out
◾The child cannot be married at the time of filing or before a decision is made in her or her case. ”Not married” includes a child who’s marriage is terminated due to divorce, death, or annulment

◾The child must be in the United States at the time of filing the application for SIJS

In addition to the process of immigration, the Court of the State of Georgia must also be involved. A Court of the State in the United States must decide.

◾declare that you are a dependent of the Court or to place legally with an agency of the State, a private agency or a private person and
◾That it is not in the child’s best interest to return to their country of origin (or to the country where he last lived with his parent) and
◾That the child cannot be reunited with their parents due to abuse, abandonment or neglect, or similar reasons under state law.

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