Juvenile Visa
Protect Your Child’s Future with Our Special Immigrant Juvenile Status Attorney
Protect vulnerable children
Dedicated Support from a SIJS (Special Immigrant Juvenile Status Attorney)
Special Immigrant Juvenile Status (SIJS) is a type of immigration classification minors can obtain in the U.S. Eligibility includes being under the age of 21, being unmarried, having a court order from Juvenile Courts declaring you a dependent, and being able to show that one or both of your parents have abused, neglected, or abandoned you.
This is a complex process, and the adjudication times are slow due to a USCIS backlog. However, approval rates remain high at around 95%. Aside from the eligibility, you also must consider the age-out policy for SIJS, and this is what we discuss below.
Understanding SIJS Age Out by State
The SIJS age-out policy refers to the age you must be under to obtain a court order as the first step in your SIJS application. For example, in Arizona, you must have a court order issued before you turn 18.
– You have been declared a dependent.
– Reunification with one or both of your parents is no longer an option due to abuse, abandonment, or neglect.
– It is not in your best interests to return to your home country or place of last habitual residence.
In the United States, the legal age is set at 18 in the states of Alaska, Arizona, Arkansas, Delaware, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming. In Alabama and Nebraska, the legal age is 19.
Finally, the age is raised to 21 in California, Colorado, Connecticut, the District of Columbia, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington.
Legal Implications and Challenges
As you can see, the fact that there is no set age-out limit for SIJS eligibility makes the process complicated and adds an additional layer of research you must undertake. This is where an asylum lawyer can assist. An asylum attorney has in-depth knowledge of the immigration process and will know the SIJS age-out by state parameters.
If you fail to file your application before your age-out date, you will have no legal grounds to claim SIJS because you will no longer fall under the jurisdiction of the Juvenile Court and will instead fall under the full U.S. Court system.
It’s essential to start your planning early and understand the SIJS Age-Out policy for your state to avoid missing this important deadline.
Addressing Misconceptions About Age Out in SIJS Cases.
The SIJS adjustment of status is a multi-faceted process that requires time and effort to understand properly.
The complexity of the SIJS visa process, including the SIJS Age-Out by State, has led to some common misconceptions, including:
• It’s not possible to get SIJS approval after the age of 18.
• The SIJS process and age-out policy are the same across the U.S.
• You can only get approval if your application is processed before you reach the age-out limit.
However, as mentioned earlier, in some states, you can still get SIJS approval even if you are over 18. The age-out policy is not the same everywhere, and each state has its own rules. Additionally, USCIS allows applicants who file the Form I-360 before reaching the age-out limit to still receive approval for a Green Card, even if you are over 21 at the time of adjudication.
Conclusion
Understanding the SIJS age-out policy in your state is critical. Failing to meet the age limit for obtaining a court order may mean that you are no longer eligible for SIJS. Working with an attorney who specializes in asylum cases can help you navigate these complexities and ensure that you don’t miss out on this important immigration benefit.
Why SIJS Is Critical for Minors in Need
Once approved, applicants can pursue a Green Card with the help of a Family-Based Green Card Lawyer or Adjustment of Status Attorney.
Benefits of Working with a Special Immigrant Juvenile Status Lawyer
Partnering with an experienced SIJS Attorney can significantly improve your case’s outcome. At Slythe Law, as dedicated Immigrant Juvenile Visa attorneys, we focus exclusively on immigration law, ensuring that your case receives the specialized attention it deserves. Our experience, empathy, and proven results make us the top choice for families seeking justice.
Key Advantages of Choosing Us:
Personalized support
Every case is unique, and we craft tailored strategies.
Clear
guidance
We break down the process into manageable steps.
Attention
to detail
Our team ensures every document is accurate and complete.
End-to-end guidance
Starting with court filings and continuing through USCIS submissions.
Holistic Immigration
Pathways like Family Immigration & Visas.
Eligibility for Special Immigrant Juvenile Status
Understanding eligibility for SIJS is crucial to starting the process.
Who Qualifies for SIJS?
To be eligible, the child must:
- Age and Marital Status: Applicants must be unmarried and under 21 years old.
- Juvenile Court Involvement: A state court must determine the child has been abused, neglected, or abandoned.
Inability to Return Home: It must be determined that returning to the home country is not in the child’s best interests.
Need help with your Adjustment of Status application?
Check If Your Child Qualifies for SIJS
Documentation Needed for Your Case
Our legal team will help gather and prepare essential documents, such as:
- Juvenile court orders.
- Birth certificates.
- Proof of abuse, neglect, or abandonment.
Every child deserves safety, stability, and opportunity
