Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals (DACA)
Special Immigrant Juvenile Status (SIJS) allows certain minor children who live in the United States to become permanent residents. The first step is to file a dependency petition in the Family Court of either Nassau, Suffolk or Queens. That petition will ask the Family Court to find that the child is under 21, not married, confirm that the child cannot live with one or both of their parents because of abuse, abandonment or neglect, and that it is not in the best interest of the child to return to his/her country of nationality. SIJS waives several types of inadmissibility that would otherwise prevent an immigrant from becoming a lawful permanent resident. For example, SIJS waives unlawful entry, working without authorization, status as a public charge, and other immigration violations.
Once a minor receives SIJS, he/she will be able to adjust his/her status to that of a lawful permanent resident, obtain work authorization, and eventually apply for U.S. citizenship. Monteiro & Fishman LLP can help you to prepare and file an application with USCIS to become a lawful permanent resident of the United States based on the dependency order obtained from the juvenile court, or an application to become a lawful permanent resident. The process of obtaining SIJS is arduous, and involves many stages, but we can help you and your child at every step of the process to ensure that his or her SIJS case has the best chance of success.
Deferred Action for Childhood Arrivals (DACA) is a policy that allows certain undocumented immigrants to the United States who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation. To qualify, the applicant must demonstrate that on June 15, 2012, was under the age of 31 years, was physically present in the United States, and had no lawful status.
As of the date the applicant files the request, he/she must have resided continuously in the U.S. since June 15, 2007, had come to the U.S. before their 16th birthday, were physically present in the U.S. and are in school, have graduated from a U.S. High School (or GED program), or are an honorably discharged veteran of the Coast Guard or Armed Forces. We can assist with the complex DACA application and provide the best possible chances for success.
