Special Immigrant Juvenile Status

Undocumented children, who are the victims of abuse, neglect or abandonment, deserve protection. One of the strongest forms of protection our laws can offer is Special Immigrant Juvenile Status (“SIJ” or “SIJS”).

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Sadly, the mistreatment suffered by these children is typically committed, or permitted, by one of the child’s parents. SIJ status serves to protect the child from further abuse. SIJ status also recognizes the risks to the child if he or she should be forced to return to the country of origin or last residence.  If granted, SIJ status can place the child on the path toward lawful permanent residency, by way of what is commonly known as a Green Card.

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Special Immigrant Juvenile Status is awarded to children that meet specific criteria. This criteria is set forth under 8 U.S.C.A. § 1101(a)(27)(J) and further defined under 8 C.F.R. § 204.11(c). While it is worth reviewing these laws in detail, a concise summary can be found in the case of H.S.P. v. J.K., 223 N.J. 196 (2015). In that decision, the NJ Supreme Court listed the pertinent factors as follows:

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(1) The juvenile is under the age of 21 and is unmarried;

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(2) The juvenile is dependent on the court or has been placed under the custody of an agency or an individual appointed by the court;

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(3) The ‘juvenile court’ has jurisdiction under state law to make judicial determinations about the custody and care of juveniles;

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(4) That reunification with one or both of the juvenile’s parents is not viable due to abuse, neglect, or abandonment or a similar basis under State law; and

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(5) It is not in the ‘best interest’ of the juvenile to be returned to his parents’ previous country of nationality or country of last habitual residence.

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