What is it? Special Immigrant Juvenile Status allows a child who is present in the United States without legal status to sponsor himself for a green card.
How can do it? Any child who is under the age of 18 and who is not living with his parents could be eligible.
What’s nice about it? Lot’s of things! The child won’t have to leave the US to get his green card. He does not need a US citizen family member to sponsor him. The Hague Convention (which complicates adoption cases) does not come into play with these cases. It’s a perfect option for children who cannot be adopted. There is no 2 year waiting period to apply for immigration benefits as there is in some adoption cases.
How is it done? First, the child obtains a court order from a juvenile state court which contains certain findings of face- most importantly that it is not in the best interest of the child to go back to his home country and that it is not possible for him to re-unite with one or both parents. Then, the child files an application with USCIS to be classified as a Special Immigrant Juvenile. At the same time, he asks USCIS to adjust his status to that of green card holder. The whole process takes about 6 months or so from start to finish and the child can have a work permit and travel document while he is waiting.
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