Fairfax, VA SIJ Attorney for Delays
Lawyer Helping Address Delays and Other Issues in Special Immigrant Juvenile Cases in Fairfax
Understanding the options available in immigration cases is difficult for everyone, but minors who have been separated from their parents will be at an even greater disadvantage than others. Fortunately, Special Immigrant Juvenile (SIJ) status can provide vital protections to young immigrants, making sure they will be safe from abuse or neglect and will be able to build successful lives in the United States. While obtaining this status can bring stability and relief, the application process is complex, and delays are not uncommon.
For immigrants in Fairfax, Virginia, The Estevez Group, PC can provide help with the SIJ application process. We will work to minimize delays and address any complications that may arise. With our focus on effective planning and preparation, we can help navigate the challenges of SIJ applications efficiently while working to make sure minors will be able to maintain a valid legal status in the U.S.
Common Issues Leading to Delays in SIJ Applications
Several factors can contribute to delays in the SIJ application process. These may include:
Incomplete or Inadequate Juvenile Court Orders
The juvenile court order is the foundation of an SIJ petition. If the order lacks required findings—such as determinations of abandonment, neglect, or abuse by a child's parent—USCIS may issue a Request for Evidence (RFE), or it may deny the petition entirely.
Requests for Additional Evidence
USCIS may issue an RFE if the submitted documentation does not sufficiently demonstrate that a minor is eligible for SIJ status. Common reasons for RFEs include:
- Missing or inconsistent information in the juvenile court order.
- Insufficient evidence to support claims of abuse or neglect.
- Questions about the petitioner's age or identity.
Delays in Obtaining Necessary Documentation
Gathering supporting evidence, such as birth certificates, affidavits, or reports from child protective services, can take time, especially when records are located in another country or require certified translations.
Age-Out Risks
A minor must be under the age of 21 when filing a petition for SIJ status. Delays in court proceedings or documentation gathering can increase the risk of "aging out," making a minor ineligible to apply for SIJ status because they are too old.
Processing Backlogs at USCIS
High caseloads and limited resources at USCIS can contribute to extended processing times for SIJ petitions. While these delays are outside an applicant's control, submitting a complete and well-documented petition can help avoid additional reviews or RFEs that may prolong the process.
Interviews Scheduled by USCIS
While most SIJ applicants are not required to attend interviews, USCIS may schedule one if there are unresolved questions about the petition. Preparing for this possibility is essential to avoid further delays.
How The Estevez Group, PC Helps Avoid Delays in SIJ Applications
Our attorney provides help for young immigrants, ensuring that their SIJ petitions are complete and accurate and working to address any challenges that may arise. We work closely with minors to obtain juvenile court orders that include all required findings while maintaining compliance with both state and federal law. By ensuring that the court order is complete and accurate, we help prevent RFEs and other complications.
We help clients gather and organize all necessary evidence, including:
- Certified translations of foreign documents.
- Affidavits from social workers, teachers, or others who are familiar with a child's circumstances.
- Proof of age and identity, such as birth certificates or passports.
If USCIS requests additional evidence or schedules an interview, we can help prepare prompt and effective responses. We will review the RFE or interview notice to understand USCIS's concerns, help compile additional evidence, work with a minor to prepare for an interview, and address any other legal or procedural issues that may arise.
We track the status of each client's petition and communicate regularly with USCIS to identify and address potential delays. If necessary, we can also advocate on a minor's behalf to resolve concerns as quickly as possible so as to avoid age-out risks or other issues that could threaten eligibility for SIJ status.
Our goal is to anticipate potential challenges and take steps to address them before they become significant obstacles. This approach ensures that our clients are fully prepared at every stage of the application process. We also provide guidance on the best ways to handle other immigration issues, including applying for work authorization, Green Cards, or citizenship.
Contact Our Fairfax, Virginia Special Immigrant Juvenile Lawyer to Address Application Delays
By taking steps to ensure that an SIJ petition includes all required documentation, we work to help our clients avoid delays and make sure they can receive relief. We also make sure to address any issues that arise as quickly and effectively as possible. Contact The Estevez Group, PC by calling 703-829-5179 to set up a free consultation and learn about our immigration services.
