Can a Minor Become an American Citizen on Their Own?

For many people, nothing is more important than family. Every year, countless individuals take significant risks in bringing themselves and their families to America in search of safety, better opportunities, and a reunion with loved ones. In many instances, these efforts pay off. In some cases, though, coming to America does not necessarily mean a safer environment. Studies have shown that about 25% of immigrant children to the U.S. experience some form of abuse. In many instances, these children are either unaccompanied or experiencing abuse or neglect at the hands of their sponsor or other responsible adult.

The majority of children who come to the United States will receive citizenship along with their families. However, when abuse is occurring, there are steps in place to protect the child. This is where Special Immigrant Juvenile Status (SIJS) comes in. Though it is a potentially challenging process, SIJS offers a pathway forward to vulnerable children to permit them to remain in America while keeping them safe from abuse. If you or a loved one is a juvenile immigrant to the U.S. who is facing abuse or neglect, it’s vital that you contact an experienced Florida juvenile immigration attorney like Ruth Jean.

What is SIJS?

SIJS stands for Special Immigrant Juvenile Status. SIJS is a special program put into place to protect vulnerable immigrant youths from either being returned to abusive home environments or being returned to countries where they may face further abuse or even death. In the past, the presumption of the courts has often been that children are safest with a parent or returned to their country of origin.

In recent years, advancements in our understanding of family dynamics and a greater awareness of geopolitics mean the U.S. recognizes that, in some instances, children are better off in other circumstances. SIJS not only offers vulnerable children a safe environment, but also a Green Card and a pathway to citizenship. SIJS also waives certain immigration violations, such as unlawful entry or working without a license.

Who is Eligible for SIJS?

In many cases, juveniles’ immigration will occur alongside their families. SIJS exists for exceptional circumstances involving vulnerable minors.

To be able to qualify for SIJS, the applicant must meet specific criteria, including but not necessarily limited to:

• Be 21 Years or Younger
• Have Experienced Abuse, Neglect, or Abandonment
• Faces Risk of Harm or Death by Returning to their Country of Origin
• Cannot be reunited with their Parents Due to the Risk of Abuse

To prove these criteria to immigration authorities and qualify for SIJS, an applicant must first have received a court order. Applying for this court order is covered under Chapter 39, Section 5075 of the Florida Statutes, including who can apply and under what circumstances. An experienced Florida juvenile immigration attorney can determine who is the best individual to apply in your case.

Following a petition, a judge will review the circumstances of the applicant’s case and establish that they meet the requirements to apply for SIJS. This review can include interviews with any friends or family members, the applicant themselves, and potentially other individuals to help establish the circumstances of the case. This includes establishing that the juvenile faces harm if they are deported.

This can be an intimidating process, especially for juveniles in a new country who have experienced abuse. Due to their circumstances, many individuals do not make it past this stage of the process. This exposes children to even further abuse and potential further harm if they are returned to their country of origin. This is why an experienced juvenile immigration attorney like Ruth Jean at Jean Law Group, LLC, is vital for anyone applying for SIJS.  

How Do I Qualify for SIJS?

Once a juvenile has received a court order establishing their circumstances, they may file Form I-360. This is an immigration application that, among other categories, covers those applying for Special Immigrant status. Form I-360 can be complex, especially for people new to America, meaning an immigration attorney is vital for this part of the process.

After the I-360 has been filed and approved, the applicant must next file Form I-485, Application to Register Permanent Residence or Adjust Status. Successful completion of this process can obtain the applicant a Green Card, granting them lawful permanent resident status, permitting them to live and work in the United States, and conferring other privileges. It also grants them access to certain protections and benefits available to U.S. juveniles in similar circumstances. A juvenile immigration attorney can review the benefits of SIJS and how receiving a Green Card can help you or your loved one.

What Should I Do if I or a Loved One Needs to Apply for SIJS?

The immigration process can be long, complex, and challenging for anyone. It can be especially trying for juveniles. For juveniles who are at risk for abuse or neglect, it can seem impossible. That’s why if you or a loved one needs to apply for SIJS, you must immediately contact Ruth Jean at Jean Law Group, LLC—where seemingly impossible goals become possible. Ruth Jean takes her calling as an immigration attorney seriously, and especially feels protective of at-risk immigrant juveniles. She and her staff will put forth all their effort to protect those most vulnerable. Her years of experience working with the Florida court system, as well as U.S. immigration courts, mean that she’s in an ideal position to guide you and your loved ones through the process.

Coming to America should be a fresh start for children, not the beginning of an even more trying time in their lives. Ruth Jean and Jean Law Group, LLC can give juveniles the better tomorrow they deserve. If you or a loved one is a juvenile immigrant to Florida and has been abused,  neglected, abandoned, or faces harm returning to your country of origin, you must immediately call 954-951-8773 to schedule a consultation.