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Fairfax, Virginia SIJ Application Process Attorney

Lawyer Helping Clients Understand the Timeline for Special Immigrant Juvenile Petitions in Fairfax, VA

Young immigrants may be concerned about their legal status in the United States and the possibility that they could face deportation. In some cases, immigrants may qualify for Special Immigrant Juvenile (SIJ) status, which allows minors who have experienced neglect or abuse to receive protection and a pathway to a Green Card and eventual U.S. citizenship. The process of applying for SIJ status can be complicated, and immigrants will need to understand the legal procedures involved in these cases.

The Estevez Group, PC provides compassionate legal support to help young immigrants complete SIJ petitions successfully. We work to ensure that minors meet the eligibility requirements, and we help them prepare and submit petitions and supporting documents within the appropriate deadlines. We can help address any challenges that may arise while working to streamline the process and avoid unnecessary delays.

Understanding the SIJ Application Process

Obtaining SIJ status is a multi-stage process that includes state court proceedings and federal immigration filings. Below is a detailed outline of the key steps:

1. Obtain a Juvenile Court Order

The first step is to secure a qualifying order from a juvenile court in Virginia. The court must find that:

  • A minor has experienced neglect, abuse, or abandonment by either of their parents.
  • It would not be beneficial for the child to be reunified with one or both of their parents.
  • It would not be in the minor's best interests to return to their home country.

This order forms the foundation of the SIJ petition. It must include all findings required under state and federal law.

2. File Form I-360 with USCIS

Once a court order has been obtained from a juvenile court, the applicant must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with United States Citizenship and Immigration Services (USCIS). Along with the form, the petitioner must submit supporting documentation, including:

  • A certified copy of the juvenile court order.
  • Proof of identity and age, which may include the minor's passport or birth certificate.
  • Any other evidence that supports the petition and demonstrates eligibility for SIJ status.

USCIS will review the submission to ensure that the immigrant meets all requirements for SIJ status.

3. Await a Decision by USCIS

After Form I-360 is filed, USCIS will review the petition and issue a decision. During this stage, the agency may issue a Request for Evidence (RFE) if additional information is needed to make a determination. USCIS will also determine whether an interview with the petitioner is necessary, and if so, it will be conducted in a child-friendly environment while focusing on the eligibility requirements rather than the details of parental abuse or neglect.

Timeline for the SIJ Application Process

The amount of time required to obtain SIJ classification varies depending on several factors:

  • Juvenile Court Proceedings: This step can take weeks to months, depending on the complexity of the case and the court's schedule.
  • USCIS Processing Time: Processing a petition for SIJ status typically takes around six months after Form I-360 is filed.
  • Adjustment of Status: For petitioners who are seeking permanent residency, this process can take additional months to years depending on the availability of an immigrant visa.

While the exact timeline will be different in each case, our attorney will work to minimize delays by making sure complete documentation is compiled and filed correctly. We can also help address any issues that may arise, making sure the proper responses are provided to USCIS requests and helping to move the process forward quickly and efficiently.

How The Estevez Group, PC Can Help Streamline the SIJ Process

Successfully applying for SIJ status requires careful planning and attention to detail. Our lawyer can help immigrants complete this process as quickly as possible by:

  • Preparing Court Filings: We work with clients to secure the proper juvenile court orders, ensuring that all necessary findings are included.
  • Filing Form I-360: We will make sure the petition and supporting documentation are accurate, complete, and submitted promptly.
  • Responding to RFEs: If USCIS requests additional evidence, we help clients respond quickly and effectively to avoid unnecessary delays.
  • Monitoring Case Progress: We track the status of each case and provide updates to clients, ensuring they remain informed throughout the process.

Contact Our Fairfax SIJ Application Lawyer

SIJ status can be crucial for young immigrants who need protection and stability. At The Estevez Group, PC, we work to ensure that minors can apply for SIJ status successfully while avoiding delays and resolving concerns that could affect a petition. Contact us by calling 703-829-5179 to arrange a free consultation and begin taking steps to secure a positive future in the United States.

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