Fairfax, Virginia Family Immigration Attorney for SIJ Recipients

Lawyer Assisting SIJ Recipients With Family-Based Immigration Options in Fairfax, VA

Special Immigrant Juvenile (SIJ) status may be available for minors who have been mistreated by their parents, and it may allow them to receive a Green Card. While SIJ status offers critical protections for vulnerable young people, minors who receive these protections may want to determine whether they can provide sponsorship for other family members and help them immigrate to the U.S. or apply for a Green Card. There are certain restrictions that apply to SIJ recipients, and an experienced attorney can provide guidance on how they may be affected by immigration laws. At The Estevez Group, PC, our lawyer works with minors and their families to address family-based immigration concerns and answer any questions they may have.

When Can a Special Immigrant Juvenile File a Visa Petition for Family Members?

Minors who obtain Green Cards through SIJ status are considered lawful permanent residents (LPRs). However, unlike most other LPRs, people with SIJ status face some restrictions on when they can file sponsorship petitions for family members. These include

• Limited Sponsorship Eligibility: SIJ recipients cannot file visa petitions for their parents, even if their SIJ application was based on abuse or abandonment by one parent. While a child who maintained a relationship with the other parent may want to provide that parent with immigration benefits, they will not be eligible to do so as a Green Card holder. However, if the minor becomes a U.S. citizen, they may then be able to sponsor a parent for an Immediate Relative visa.
• Sponsorship for Other Family Members: SIJ recipients may be able to file sponsor visa petitions for certain other relatives, although they will not be able to include these family members in their initial SIJ applications. A minor will not be eligible for SIJ status if they are married, but if they get married after obtaining a Green Card, they may be able to sponsor their spouse for a visa. An SIJ recipient with a Green Card may also be able to sponsor their own child for immigration. Additional family members may become eligible for sponsorship if the minor becomes a U.S. citizen.

Unique Concerns in SIJ-Related Family Immigration

In situations where SIJ recipients wish to provide sponsorship for family members, they may need to address issues such as:

• Financial Support Requirements: When sponsoring family members for immigration, a person must demonstrate that they have sufficient income or assets to support the immigrant and prevent dependence on public benefits. Minors with SIJ status may not have the financial resources to meet these requirements, but they may be able to work with a co-sponsor to satisfy the financial criteria. A co-sponsor, who is usually a relative or a close friend who is a U.S. citizen or LPR, agrees to share this responsibility by filing a joint Affidavit of Support.
• Timing and Eligibility: SIJ beneficiaries will need to understand when they can file visa petitions for eligible relatives. In general, a sponsor must be at least 18 years old. After the minor has obtained a Green Card and reached the age of 18, they may be able to sponsor their spouse or child for a Family Preference visa.
• Emotional and Practical Challenges: In many cases, SIJ beneficiaries may have strained or limited relationships with their family members due to abuse or neglect that occurred in the past. Balancing emotional factors with legal obligations can make decisions about family-based immigration complicated. Minors may need to take steps to protect themselves, ensuring that they will not be taken advantage of and that they can provide for their own well-being. A legal advocate can be very beneficial in these situations, and they can ensure that a minor knows what resources are available to them.

Assistance With Matters Involving SIJ Status and Family-Based Immigration

At The Estevez Group, PC, we have extensive experience representing clients in cases involving SIJ status. We can help minors and other family members address concerns related to:

• Understanding Sponsorship Rights: Our lawyer helps SIJ beneficiaries determine whether they can sponsor family members for immigration while identifying legal issues that may affect these cases.
• Navigating Financial Support Requirements: Our attorney can advise minors on when they may need co-sponsors, while also helping to prepare Affidavits of Support that will ensure that they meet the eligibility criteria for sponsorship.
• Addressing Timing and Eligibility Concerns: Our lawyer advises clients on the appropriate timelines for filing visa petitions while making sure they meet all of their legal requirements.

Contact Our Fairfax Special Immigrant Juvenile and Family Immigration Lawyer

Immigration cases involving minors who have suffered from neglect or abuse can be sensitive. By taking a compassionate approach while advocating for the best interests of minors in these situations, The Estevez Group, PC provides effective legal support while working to address concerns related to family-based immigration. Contact our firm at 703-829-5179 to set up a free consultation.