Fairfax, Virginia SIJ Attorney for Deferred Action
Immigration Lawyer Helping Minors Receive Deferred Action and Employment Authorization in Fairfax, VA
Special Immigrant Juvenile (SIJ) status can provide protection for young immigrants who have experienced issues such as abuse and neglect. However, many immigrants who petition for SIJ status face significant delays. Before a person can receive a Green Card through adjustment of status, a visa will need to be available. During this waiting period, deferred action can offer critical relief, allowing minors to avoid deportation and remain in the United States legally.
The Estevez Group, PC provides dedicated legal support to help minors secure deferred action and other protections as they proceed with the SIJ process. We can help address any concerns about issues that could affect a minor's legal status while also helping ensure that they will be able to receive authorization to work in the United States. By resolving any issues that may arise and making sure a minor has the proper protections, we can help our clients avoid problems that could affect their ability to live successfully in the U.S.
What Is Deferred Action?
Deferred action is a form of relief granted by United States Citizenship and Immigration Services (USCIS). It provides temporary protection from deportation, allowing a person to remain in the U.S. lawfully for a specified period. While deferred action does not grant lawful immigration status, it ensures that a person can avoid removal proceedings, and it allows them to apply for employment authorization so they can work legally in the United States.
Deferred Action for SIJ Petitioners
Minors who are granted SIJ status will often face waiting periods before they can apply for lawful permanent residency. These delays may be related to issues such as:
- Visa Backlogs: There are limits on the number of visas that are issued annually for different countries. Delays of several years are common while waiting for visas to become available.
- Processing Delays: Even after SIJ classification is approved and a visa becomes available, processing time will usually be needed before a green card will be issued.
During waiting periods, minors may be concerned about the possibility of deportation. Deferred action provides a safeguard, ensuring that an immigrant can stay in the United States and continue building their lives while awaiting authorization for permanent residency. USCIS automatically reviews the cases of immigrants with SIJ status to determine if they are eligible for deferred action. If deferred action is granted, a notification will be sent to the immigrant.
Employment Authorization for Deferred Action Recipients
Deferred action recipients may apply for employment authorization, which will ensure that they can work legally while they are in the United States. Employment authorization can provide minors who receive SIJ status with the financial independence they need to support themselves. To apply for work authorization a person must submit Form I-765, Application for Employment Authorization, to USCIS. When submitting an application, a person will be required to provide proof that they have been approved for deferred action and documentation verifying their identity.
Once approved, a person will receive an Employment Authorization Document (EAD), which will allow them to work lawfully. Employment authorization will typically be valid for four years, and an application for renewal must be filed within six months before the expiration of an EAD.
Addressing Issues Related to Deferred Action and Work Authorization
While deferred action will often be granted automatically, legal issues may arise while cases are being processed by USCIS. If there are any concerns that may affect an immigrant's ability to remain in the United States while they are awaiting an adjustment of status, our lawyer can provide guidance on how to resolve them. We can also help apply for renewals of deferred action, which may be necessary if a person is still waiting for a visa to become available after several years have passed.
Our attorney can also assist with the process of obtaining work authorization by:
- Preparing and filing Form I-765, ensuring that all information is complete and accurate.
- Making sure all required evidence is submitted, including proof of deferred action and documentation verifying an immigrant's identity.
- Monitoring the status of the application to avoid unnecessary delays.
The Estevez Group, PC works tirelessly to protect the rights of minors who need to address immigration issues. We work to make sure our clients can remain in the U.S. without fear of deportation while pursuing their goals for lawful permanent residence or U.S. citizenship. We can also help address any challenges that may arise, such as issues related to visa availability or delays in USCIS processing.
Contact Our Fairfax Special Immigrant Juvenile Lawyer for Deferred Action and Work Authorization
When addressing concerns related to deferred action during the SIJ process, The Estevez Group, PC can make sure your rights are protected, and we will advise you on the best steps you can take to achieve your goals. We will provide you with the guidance and support you need to achieve stability and security in the United States. Call us today at 703-829-5179 or fill out our online contact form to arrange a free consultation.
