Special Immigrant Juvenile Status, also known as SIJS, is a federal law that aids undocumented minors in the state juvenile system in obtaining legal immigration status. A person who has been declared a dependent, has been committed to the custody agencies without a viable reunification with his or her parents, or is unable to return to their country of nationality due to it not being in the child’s best interest, may be able to obtain Special Immigrant Juvenile Status. Due to the complex nature of these types of cases, SIJS requires adjunction in two different legal areas – state court and federal government. Our Baton Rouge immigrations lawyers at Mayeaux Sardi, LLC, can help you obtain an SIJS.
Eligibility requirements for SIJS include:
1. That the child is under 21 years old and unmarried;
2. That the child has been declared dependent on a juvenile or state court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States
3. That the reunification with one or both of the child's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under the state law;
4. That it would not be in the child’s best interest to be returned to the country of nationality or last habitual residence of the child or of his or her parents.
In order to obtain SIJS you must pursue it within both state courts and the federal government. SIJS requires adjudication in both juvenile/state court and a separate adjudication by the federal government.
After determining that the child is eligible for SIJS in the state court where he or she lives, you may be able to obtain state court predicate order. Once in possession of the state court order, you can begin to prepare the petition for SIJS to be filed with USCIS Filling. Depending on whether or not the child is in immigration proceedings, you may be required to fill out different forms.
Along with these different forms, you may be required to include:
After the appropriate forms and evidence is turned in, you may proceed with adjustment of status in immigration court.
The interaction of the criminal justice system and our immigration system can tear families apart. Detention creates incredible financial and emotional tolls on the families of those who have been detained. A person may have been detained in California and then sent to Louisiana. It is hard to overstate the impact detention has on families. We can help you pursue a bond hearing as soon as possible to help ensure your release from detention. Our experience and skill can help you secure a bond hearing in a short amount of time and can help you secure a reasonable bond.
At Mayeaux Sardi, we understand the dire situation many immigrants face once they are in detention. With so few lawyers and so many people detained at the LaSalle Detention Facility, we have gone to great lengths to help as many people as we could. In the past, attorney Kenneth Mayeaux developed a legal orientation program to help educate detainees on their legal rights. While the program is no longer in place, we still work to make ourselves as available as possible to help detainees. Our experience helping detainees to navigate the immigration system and to enforce their rights can be invaluable to those who are detained and their loved ones.
When you or a loved one has been detained prior to deportation, you cannot afford to work with anything less than the most effective legal representation. At Mayeaux Sardi, we are dedicated to giving people the help they need. To schedule a free consultation, call 225-754-4477 or contact us online.
Los abogados y los asistentes hablamos español.