U.S. Citizenship and Immigration Services (USCIS) operates the Special
Immigrant Juveniles (SIJ) program, which is designed to protect and help
foreign children present in the U.S. who have been abused, abandoned,
or neglected. If USCIS is unable to reunite these children with a parent,
the SIJ program allows them to get green cards, which, in turn, enables
them to live and work in the U.S. on a permanent basis. The only limitations
on a green card that a child receives through the SIJ program are that
the child never can file a petition for a green card on behalf of his
or her parents, and never on behalf of his or her siblings, unless and
until he or she becomes a U.S. citizen. In order to qualify for the SIJ
program, a child must obtain a court order from a judge who has the authority
under state law to make decisions about the custody and care of children.
The court order must contain the following findings: • The child
is a dependent of the court or should be placed in with a state or private
agency or person. • It is not in the child’s best interests
to return to his or her home country. • The child cannot be reunited
with a parent due to abuse, abandonment, neglect, or another similar reason
under state law. Furthermore, a child must be under the age of 21 at the
time of filing for SIJ status. The state court order described above must
be in effect at the time of the filing of the petition and when USCIS
considers the petition, unless the child has aged out of the court’s
jurisdiction due to no fault of his or her own. The child also cannot
be married at the time of the filing of the petition and when USCIS considers
the petition. Finally, the child must be inside the U.S. at the time of
the filing of the petition. At Landerholm Immigration, A.P.C., we are
actively watching the new administration’s policies regarding deportation
as they continue to develop, as well as the continued use of the SIJ program.
Whether the administration continues its current crackdown or not, we
are dedicated to protecting the rights of detained noncitizens and working
toward their release from detention. We know how to evaluate your case,
explore your options, and provide you with the strongest defense against
removal possible. Contact your California deportation defense attorneys
today and set up an appointment to speak with our legal team.
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