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Fairfax, VA SIJ Eligibility Lawyer

Attorney Addressing the Eligibility Requirements for Special Immigrant Juvenile Status in Fairfax

Immigrants in the United States who are undocumented or who do not have a legal status that will allow them to remain in the country may be unsure about their options. For minors who are seeking protection, Special Immigrant Juvenile (SIJ) status may be the best solution for addressing immigration issues. SIJ status may be available to young immigrants in the United States who have been abused, neglected, or abandoned. However, to obtain SIJ classification, an immigrant will need to meet specific eligibility requirements.

For immigrants in Fairfax and other parts of Virginia, The Estevez Group, PC provides legal guidance, helping to address concerns about SIJ eligibility and making sure applications are submitted correctly. We understand the challenges young immigrants face, and we work to help them meet the criteria for SIJ status while addressing any other concerns they may encounter.

Key Eligibility Requirements for SIJ Status

Successfully obtaining SIJ status requires meeting the following criteria:

Age Requirement

To qualify for SIJ status, the petitioner must be under 21 years old when they file Form I-360 with United States Citizenship and Immigration Services (USCIS). If the petitioner turns 21 after the petition is filed, they may still be approved for SIJ status. Timely filing is critical to avoid complications.

Unmarried Status

The petitioner must be unmarried at the time of filing, and they must remain unmarried until after USCIS makes a decision on their petition. A minor who has never been married will qualify, but if a minor has been married in the past, their marriage must have been legally terminated through annulment, divorce, or the death of their spouse. Any change in marital status during the application process could affect eligibility.

Juvenile Court Findings

A juvenile court in the United States must issue an order confirming the following findings:

  • Abuse, Neglect, or Abandonment: The petitioner must have been subjected to one or more of these conditions by one or both parents.
  • Dependency: The petitioner must be dependent on a juvenile court, or they must be in the custody of a state agency or a person or organization that has been appointed by the court.
  • Non-Reunification: Reunification with one or both parents is not viable.
  • Best Interests: Returning to the petitioner's home country is not in their best interests.

These findings must be detailed in the court order. The orders put in place by the court must be valid at the time when an SIJ petition is filed and when USCIS makes a decision about whether to grant SIJ status.

How The Estevez Group, PC Supports SIJ Petitioners in Fairfax

Navigating SIJ eligibility requirements can be difficult, especially for young immigrants who do not have experience with the legal system. Our lawyer can provide skilled representation in these situations, helping to meet the stringent requirements for SIJ approval. Our services include:

  • Assessing Eligibility: We evaluate each client's circumstances to determine if they meet SIJ criteria, offering clear and honest advice about their options.
  • Preparing Court Filings: Our team ensures that the juvenile court petition includes all necessary evidence and arguments to support SIJ eligibility.
  • Filing Form I-360: We guide clients through the USCIS petition process, ensuring that all documentation is complete, accurate, and submitted on time.
  • Addressing Complications: If eligibility issues arise, such as questions about age or marital status, we will work to resolve these concerns and make sure our client will be granted SIJ status.

Addressing Eligibility Concerns

Proving Abuse, Neglect, or Abandonment

One of the most critical aspects of SIJ eligibility is providing sufficient evidence that a minor has been mistreated by one or both of their parents. The Estevez Group, PC works with clients to gather relevant documentation addressing these issues, such as:

  • Court records and affidavits from family members or social workers.
  • Medical or psychological evaluations that demonstrate that abuse or neglect has occurred.
  • Reports from law enforcement or child protective services.

We ensure that all evidence is presented in a manner that supports the juvenile court's findings.

Meeting the Best Interests Requirement

Demonstrating that returning to the petitioner's home country is not in their best interests often requires a detailed analysis of their living conditions, access to support systems, and potential risks. Our attorneys will gather evidence to support this claim, showing that it will be best for a young person to remain in the United States.

Addressing Potential Challenges

SIJ cases can be complicated by issues such as:

  • Missing or incomplete court orders.
  • Questions about the jurisdiction of the juvenile court.
  • Delays in obtaining necessary documentation.

We will address these challenges, working to resolve issues before they can derail a petition.

Contact Our Fairfax, Virginia Special Immigrant Juvenile Status Eligibility Attorney

Meeting the eligibility requirements for SIJ status will involve a variety of complex issues, and specific forms and documents will be required when submitting a petition. At The Estevez Group, PC, we can make sure all of these issues will be addressed correctly so that a juvenile immigrant can receive the protection they need. If you need help applying for SIJ status in Fairfax, Virginia, contact us today at 703-829-5179 and set up a free consultation.

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