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Fairfax, VA SIJ Appeals Attorney

Lawyer Helping Address Denials of Special Immigrant Juvenile Status in Fairfax

Minor immigrants may need to address concerns about their legal status, and they may need protection if they have experienced issues that have affected their health and safety, such as abuse or neglect. In situations where minors have been removed from the custody of their parents, Special Immigrant Juvenile (SIJ) status can help ensure that they will be able to continue living in the U.S., apply for a Green Card, and eventually become a U.S. citizen.

However, not all petitions for SIJ status are approved. A denial can be difficult to deal with, but it does not have to be the end of the process. For minors who need protection, The Estevez Group, PC provides dedicated legal support with concerns related to SIJ status. Our lawyer can challenge a denial or address other related issues, and we will work to ensure that a minor immigrant can maintain a legal status in the U.S.

Common Reasons for Denials of SIJ Petitions

U.S. Citizenship and Immigration Services (USCIS) may deny a petition for SIJ status for various reasons, including:

  • Incomplete or Inadequate Juvenile Court Orders: A juvenile court order submitted along with an SIJ petition must contain specific findings. If an order did not demonstrate that a child cannot be reunified with their parent(s) due to safety concerns related to abuse or neglect, the petition may be denied.
  • Insufficient Evidence: If a petition does not provide adequate documentation to support the court's findings or to show that a minor is eligible for SIJ status, USCIS may deny the petition.
  • Age or Marital Status Issues: A person must be younger than 21 years old and unmarried as of the date on which an SIJ petition is filed. If the petitioner fails to meet these requirements, their petition may be denied.
  • Jurisdictional Problems: The juvenile court must have proper jurisdiction under state law to issue the necessary findings. If USCIS determines that the court did not have jurisdiction to address the dependency or custody of the child, the petition may be denied.
  • Errors or Omissions: Mistakes or missing information on Form I-360 or other forms or documents submitted with an application can result in a denial.

Responding to a Denial

While a denial may seem final, there are several options that may allow an immigrant to challenge USCIS's decision with the help of an experienced attorney:

  • Request for Reconsideration: A motion to reconsider may be filed if USCIS made an error in its decision. In these situations, our attorney can help demonstrate that the denial was based on an incorrect application of law or policy.
  • Request for Reopening: A motion to reopen may be appropriate when new evidence is available that was not previously submitted. This evidence must be relevant to the reasons for denial, and it must demonstrate that the minor is eligible for SIJ status. Our lawyer can help compile the necessary evidence and make sure requests to reopen a case are submitted correctly.
  • Appealing to the Administrative Appeals Office (AAO): If a denial cannot be resolved through reconsideration or reopening, an appeal may be filed. This process involves submitting legal arguments and evidence to demonstrate that the initial decision was incorrect. Our attorney can provide representation throughout the appeals process to ensure that the proper arguments are made in favor of granting SIJ status to a minor.
  • Filing a New Petition: In some cases, addressing the deficiencies in the initial petition and filing a new Form I-360 may be the most effective option. Our lawyer can provide guidance on whether this may be the best approach to take, and we can ensure that all information is submitted correctly when filing a new application.

Handling SIJ Denials and Appeals Successfully

Challenging an SIJ denial requires legal knowledge of the issues that affect minors who are involved in immigration matters. It also requires experience addressing concerns that USCIS may raise and preparing and submitting forms and documents involved in SIJ petitions. At The Estevez Group, PC, our lawyer has more than 10 years of experience representing clients in immigration cases. We can provide the support needed to help minors overcome obstacles and achieve their immigration goals. By providing compassionate guidance and skilled legal representation, we give clients the tools they need to succeed.

Contact Our Fairfax, Virginia SIJ Appeals Lawyer

A denial of a petition for Special Immigrant Juvenile status can be a setback, but options for relief are available. Our attorney can help minors take the right steps to address these issues and receive the relief they need to maintain safety and stability in the United States. Contact The Estevez Group, PC at 703-829-5179 to arrange a free consultation and begin taking steps to resolve your immigration concerns.

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