21 is a big age in the United States.
Not only for the ability of a 21-year-old to be considered a “full adult” but because for immigration purposes, many pathways are no longer available once someone turns 21.
USCIS (United States Citizenship and Immigration Services) wants to again remind those who are almost 21 and have the ability to apply for SIJS of the filing exceptions they have.
Last year we released a blog about the new process USCIS had announced for specific applicants to be able to file an SIJS application in person. Now, USCIS is updating its policy guidance for in-person SIJS filing.
SIJS, the Special Immigrant Juvenile Status, is a classification that enables certain juveniles who are in the United States alone to file for permission to legally live and work in the U.S. USCIS states that the status “is available to children (juveniles under 21) who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law.” More than 44,000 children in the U.S. are waiting to receive green cards through the SIJS program, which “allows immigrant children in the state juvenile system who cannot reunify with their parents due to abuse, abandonment or neglect, and who meet certain other criteria, to obtain lawful permanent immigration status.”
The first step for an SIJS classification after state juvenile court proceedings is for the juvenile to file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS, before they turn 21 years old. To ensure that a petitioner who is almost 21 is able to file in a timely manner, USCIS has made in-person filing available to SIJS petitioners (or their legal representatives) during the 2-week period before they turn 21 years of age. This in-person filing flexibility gives petitioners at risk of aging out of SIJS eligibility an additional way to ensure USCIS receives their petitions on time.
If you are nearing your 21st birthday and are trying to file your Form I-360, you can call the USCIS Contact Center at 800-375-5283 to schedule an SIJS expedited appointment at a local field office.
Again, it is of the utmost importance that an SIJS petition Form I-360 is filed before a petitioner turns 21.
If you have questions about applying for an SIJS petition or any other immigration petition please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.
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