Immigration Relief for Abused Children
Posted on Sep 22, 2015 8:45am PDT
It happens more than we might think, especially in border towns: Undocumented children are smuggled across the border by their parents or relatives, only to be abused, neglected, or abandoned by their own families. What happens to these children is beyond their control and they are at the mercy of the authorities.
Some undocumented immigrant children in the United States may be in need of humanitarian protection because they have been abused, neglected, or abandoned by one or both of their parents. The good news is that there is hope for these children.
Special Immigrant Juvenile Status
Special Immigrant Juvenile (SIJ) status is an immigration classification designed to allow these children to apply for lawful permanent resident status (LPR) or a green card.
If a child cannot be reunified with one or both of their parents because of abuse, abandonment, or neglect, and if it is not in the child's best interests to return to their home country, then the child may apply for SIJ status.
If vulnerable children do not obtain a green card, then they cannot work in the U.S. legally, attend college, or qualify for federal benefits. Many of these children who entered the United States when they were young, are not aware that they do not have legal immigration status.
An SIJ child may:
- Have been in federal custody because of undocumented status.
- Currently be in the child welfare system.
- Live with a non-abusive parent, a guardian, or with a foster family.
- Have been a victim of child abuse while living in the U.S.
- Have been a victim of child abuse while living in their home country.
Note: For immigration purposes, the biological or prior adoptive parents of a child with Special Immigrant Juvenile status are not entitled to immigration benefits through their SIJ child.
To learn more about the eligibility requirements for SIJ status, scroll through this directory to find an immigration attorney who can help you.