Am I eligible for "SIJS"?

Can I get SIJS if I am adopted or about to be adopted?

You may still be eligible for SIJS if you are adopted. You may also be eligible to apply for a green card through your adoptive parents. You should speak to your law guardian or immigration attorney if you are in this situation. alien?

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I am not in foster care. Can I still get a green card through SIJS?

Yes, SIJS is also available if you are in a guardianship. Guardianship means that a court has named someone other than your parent to be your legal guardian. The same SIJS requirements will apply: You must be under 21 years old and not married. A family court judge must decide that you cannot return to live with your parents because you experienced abuse, abandonment, or neglect, and that it is in your best interest to stay in the United States. Also, if you are living on your own or with an adult who is not your parent or guardian, and you are under 18 , then you could still try to apply for SIJS. You should talk to an immigration attorney to help you file for SIJS by bringing a case in family court.

Contacting an Immigration Attorney

The following organizations provide immigration legal assistance to young people:

  • The Door Legal Services: 212-941-9090
  • Legal Aid Society, Immigration Unit: 212-577-3300
  • Safe Horizon Immigrant Law Project: 718-899-1233
  • Catholic Charities Immigrant and Refugee Services: 212-371-1000

What if I came into the country “illegally,” can I still safely apply for SIJS?

If you entered the country without permission, you can still apply for a green card through SIJS. While some people call undocumented status “illegal,” it does not mean you are a criminal, it just means that you are at risk of deportation and need immigration assistance. Your immigration attorney can talk to you about whether you will also be able to safely apply for other types of immigration applications.

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I am over 21. Am I eligible for SIJS?

No. SIJS is only available to you if you are under 21 years of age. The application process must be completed and approved before you turn 21. However, you should still talk to an immigration attorney about other ways to get a green card.

What if I have been arrested or was convicted of a crime?

If you apply for SIJS, the immigration agency will look at arrests and criminal convictions. If they are found to be serious cases, your application could be denied. The immigration agency will ask you to take a fingerprinting test and will be able to see all of your records.

A youthful offender adjudication

(“YO”) is not treated the same way as a criminal conviction, but the immigration officer can still ask you about it.
It is very important that you are truthful about your criminal history with your immigration attorney. If you have ever been arrested, even if you weren’t convicted, then you should tell your law guardian and immigration attorney right away. Your attorney can help you complete the application correctly, explain your arrests or convictions, and ask the immigration officer to make an exception in your case. What if I am arrested in the future? If you are arrested, be sure to let your defense attorney know if you do not yet have a green card. This might help to prevent decisions that could hurt your immigration case. Even after you get a green card, you will need to explain your immigration status to your defense attorney to help prevent deportation.

 

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