Special Immigrant Juvenile Status (SIJS)
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Special Immigrant Juvenile Status (SIJS) Attorney in New York
Special Immigrant Juvenile Status is one of the most important — and most time-sensitive — forms of immigration relief available to young people in the United States. If a child or young adult under 21 has been abused, neglected, or abandoned by one or both parents, SIJS can open a path to lawful permanent residence, even for young people already in removal proceedings.
The Law Office of Muhammed Kus PLLC represents young immigrants and their guardians in SIJS matters throughout New York City, handling both the family court and immigration sides of the case under one roof.
What SIJS Requires
SIJS is unusual because it begins in state family court, not with immigration authorities. Before USCIS will grant SIJS, a family court must issue a special findings order determining that:
- The young person is dependent on the court, or placed in the custody or guardianship of an individual or agency;
- Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and
- It is not in the young person’s best interest to return to their country of origin.
Importantly, “one-parent” SIJS is recognized in New York: the findings can be based on abuse, neglect, or abandonment by just one parent, even if the young person lives safely with the other parent.
New York’s Advantage: Eligibility Up to Age 21
In many states, family courts lose jurisdiction at 18. New York law allows guardianship proceedings for young people up to their 21st birthday with their consent — meaning young adults who would be out of options elsewhere can still pursue SIJS here. But the deadline is absolute: the family court petition must be adjudicated, and USCIS must receive the I-360 petition, before the young person turns 21. If you are close to that birthday, contact us immediately.
How We Handle SIJS Cases
Family court proceedings. We prepare and file guardianship or custody petitions in New York family courts — we appear regularly in Kings County and other NYC family courts — and litigate the special findings order that anchors the entire case. That includes drafting affidavits, preparing guardians and young people for court appearances, and, where a prior order contains errors, pursuing corrected orders so the immigration filing is not jeopardized.
Accurate translations. Many of our SIJS clients’ supporting affidavits originate in Turkish, French, Fulani, or other languages. We review translations carefully because a mistranslated affidavit can create inconsistencies that follow the case into the immigration stage.
Form I-360 petition. Once the special findings order issues, we prepare and file the I-360 Special Immigrant Juvenile petition with USCIS, with the state court record assembled to meet USCIS’s evidentiary expectations.
Removal proceedings coordination. Many SIJS-eligible young people are already in immigration court. As a removal defense firm, we coordinate the family court timeline with the immigration court docket — seeking continuances where appropriate under governing case law and keeping the immigration judge informed of the pending state court proceedings.
After approval: deferred action and the green card. Because SIJS green card numbers (the EB-4 category) are backlogged for many countries, approved SIJS petitioners often wait before they can file for adjustment of status. USCIS considers approved SIJS petitioners for deferred action, which can provide protection and work authorization eligibility during the wait. We track your priority date and file the adjustment application as soon as a visa number is available.
Who Should Consider SIJS?
- Young people under 21 whose parent abandoned the family, failed to provide support, or was abusive or neglectful — in the U.S. or abroad
- Relatives or family friends caring for a young immigrant whose parent cannot or will not care for them — including families also exploring family based immigration options
- Young people in removal proceedings who may qualify for relief through the family court
- Unaccompanied minors who entered the U.S. without a parent
SIJS has trade-offs — for example, a young person who obtains a green card through SIJS can never petition for their parents. We walk every family through the full picture before filing. Once a young person becomes a permanent resident, we can also assist with the longer-term path to naturalization.
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Our Process
We Have simple 4-step process.
1. Initial Consultation
We start with a consultation to assess your needs, gather information, and determine the best legal strategy for your case.
2. Document Preparation
We gather and prepare all necessary documents, ensuring everything is accurate and complete before submission to the relevant authorities.
3. Legal Representation
We represent you throughout the process, attending interviews, handling communications, and advocating for your best interests.
4. Final Resolution
Once your case is resolved, we provide follow-up support to ensure you fully understand the outcome and any next steps.
FAQ's
Frequently Asked Questions
Common questions from guardians, relatives, and young people considering Special Immigrant Juvenile Status in New York.
No. SIJS is available to young people in a range of statuses, including those who entered without inspection, overstayed a visa, or are in removal proceedings.
Yes. Abandonment or neglect by a parent in the home country can support the findings, and New York courts regularly make findings on that basis.
Often, yes. New York recognizes one-parent SIJS: the findings may rest on the conduct of the absent or abusive parent alone.
The young person is protected in the SIJS pipeline. Depending on country of birth and the visa bulletin, adjustment of status may be available immediately or after a wait, during which USCIS considers deferred action.
Errors in a predicate order — a misspelled name, a wrong date, missing statutory language — can cause serious problems at USCIS. Corrected orders can usually be obtained, and we handle those motions as part of our practice.
The 21st Birthday Deadline Does Not Wait
If a young person you care for may qualify for SIJS, an early consultation protects the timeline.