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Fairfax Special Immigrant Juvenile Status Attorney

Lawyer Helping Immigrants Apply for SIJ Status in Fairfax, Virginia

Dealing with immigration issues can be a complex, challenging process for anyone. However, young people may face additional concerns, especially when they have been mistreated and are seeking protection from the authorities. Special Immigrant Juvenile (SIJ) status can help ensure that minors who suffered abuse or neglect will have protections that will allow them to continue living in the United States. At The Estevez Group, PC, our compassionate attorney provides legal support for minors who are seeking SIJ classification, helping them resolve immigration concerns and secure permanent residence and eventual citizenship.

Eligibility SIJ Status

An applicant will need to meet eligibility requirements when applying for SIJ status, including:

  • Age: The applicant must be under the age of 21 when they file their petition.
  • Unmarried Status: The petitioner must not be married.
  • Juvenile Court Findings: A juvenile court in the United States must determine that the applicant has been abused, neglected, or abandoned by one or both parents.
  • Best Interests: The court must find that returning to the applicant's country of nationality or last habitual residence is not in their best interests.

The SIJ Petition Process

The process and timeline for obtaining SIJ classification involves several stages:

  • Juvenile Court Proceedings: The first step is securing a qualifying court order from a juvenile court in Virginia.
  • USCIS Petition: Following the court order, the applicant must file Form I-360 with the United States Citizenship and Immigration Services (USCIS).
  • Decision: USCIS reviews the petition to confirm that all requirements are met.

While the specific timeline can vary, SIJ petitions will usually take around six months to process.

Required Documentation

Comprehensive documentation is critical for a successful SIJ petition. Essential documents include:

  • The juvenile court order detailing findings of abuse, neglect, or abandonment.
  • A completed Form I-360.
  • Supporting evidence of the petitioner's age and identity, such as a birth certificate or passport.
  • Any additional evidence to corroborate the court's findings, such as affidavits or reports.

Submitting thorough and accurate documentation is vital, as errors or missing information can significantly delay the process.

Common Issues That May Result in Delays

Several challenges can complicate SIJ cases, potentially leading to delays or other issues that could affect an SIJ petition. These may include:

  • Incomplete Court Orders: A court order lacking the required findings can lead to USCIS requesting additional evidence or denying the petition.
  • Age Restrictions: If the petitioner turns 21 before filing, they will no longer be eligible.
  • Documentation Errors: Missing or inconsistent evidence can result in delays or denials.

Working with an experienced attorney can mitigate these risks. At The Estevez Group, PC, we will ensure that a petition meets all requirements from the outset.

Deferred Action for SIJ Petitioners

Deferred action may be available after an SIJ petition has been approved but before an immigrant receives an adjustment of status. This provides temporary relief from deportation proceedings, allowing a person to remain in the United States while they are working to become a Lawful Permanent Resident.

Benefits and Path to Citizenship for SIJ Recipients

SIJ recipients gain several benefits, including eligibility to apply for lawful permanent residency (a Green Card). After becoming a Lawful Permanent Resident, a person will eventually be able to pursue U.S. citizenship.

Additionally, a person who has SIJ status may apply for a work permit that will allow them to be employed in the United States. This can provide a person with security and the stability to build a brighter future.

Appeals for Denied SIJ Petitions

If an SIJ petition is denied, the decision can often be appealed or reconsidered. Options include:

  • Filing a Motion to Reopen or Reconsider: This involves providing new evidence or demonstrating that USCIS made an error in its decision.
  • Appealing to the Administrative Appeals Office (AAO): In some cases, the denial can be appealed to this body for further review.

Time is critical in these situations, since there are strict deadlines for appeals. Our lawyer can review the reasons for a denial and determine the best course of action.

Contact Our Fairfax, VA Special Immigrant Juvenile Lawyer

Securing SIJ status can be life-changing for minors who are in difficult situations. The Estevez Group, PC is committed to guiding young people through this process while fighting to make sure they can build positive lives in the United States. With over 10 years of experience, we know how to address these issues effectively. We will provide compassionate legal help, ensuring that minors have an advocate they can rely on. Contact us today at 703-829-5179 to schedule a free consultation. Together, we can work toward a safer and more secure future for you.

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