Special Immigrant Juvenile

Special Immigrant Juvenile Lawyer NYC | Feiner & Lavy Law Firm

A unique way to legalize children is by use of Special Immigrant Juvenile Status. This process is often used for a child who has been abused, neglected, or abandoned and is under the age of 21 and unmarried.

Illegal and undocumented children who overstayed their visas or those who came to the U.S. against their will or knowledge are highly vulnerable. Special Immigrant Juvenile classification is a form of immigration relief designed specifically to help undocumented children in the United States who have experienced abuse, neglect, abandonment, or have been similarly mistreated.

As Immigration Lawyers in NYC, we notice that many children are unaware that they qualify for the Special Immigrant Juvenile form of relief. The Special Immigrant Juvenile classification is also available when the child is in removal proceedings. A Special Immigrant Juvenile Lawyer NYC can help you understand whether you are eligible for Special Immigrant Juvenile Status.

Who Is Eligible for Special Immigrant Juvenile Status?

Under the Immigration and Nationality Act, Section 101(a) (27) (J) of the INA, the classification of Special Immigrant Juvenile includes non-citizen children who are present in the United States and:

  • Have been declared dependent by a U.S. juvenile court or legally committed by the U.S. court to be placed under the custody of an agency or individual,
  • For whom the court has determined either one or both of the child’s parents are not viable due to abuse, neglect, abandonment, or a similar basis found under state law, and
  • For whom it has been determined in the judicial proceedings that it would not be in the child’s best interest to be returned to their home country.

These individuals need the guidance and knowledge of the best Special Immigrant Juvenile Lawyer NYC who knows how to guide them through the system. In NYC, family courts routinely issue special finding orders for undocumented eligible children precisely so that they can apply for Special Immigrant Juvenile Status.

In addition, children in New York may be eligible to receive a special finding of Special Immigrant Juvenile up until the age of 21 years. It is vital to know the difference between Special Immigrant Juvenile status and Deferred Action for Early Childhood Arrival (DACA).

What is the Difference between Special Immigrant Juvenile and Deferred Action for Early Childhood Arrival (DACA)?

As highly respected NYC Immigration lawyers, we are frequently asked by our clients whether they should apply for Special Immigrant Juvenile Status or Deferred Action for Early Childhood Arrival. If you are considering either option, it may be very helpful to speak with a knowledgeable Special Immigrant Juvenile Lawyer NYC to learn more about these choices.

Before moving forward with either option, it is crucial to understand the differences between the two. Special Immigrant Juvenile Status and Deferred Action for Early Childhood Arrival are different from each other as follows:

  • Special Immigrant Juvenile Status leads to obtaining a green card, which means you will have permanent residency in the United States. This permanent residency cannot be canceled by the U.S. government as long as it was legally obtained (obtained without fraud or other criminal activity). A green card provides the right to live and work in the U.S. permanently, and it may also be used to reenter the U.S.
  • Deferred Action for Early Childhood Arrival is only temporary authorization to live and work in the U.S., and it is issued in two or three-year increments. It is NOT considered a legal status. It is a discretionary form of relief that is granted on a case-by-case basis. Deferred Action for Early Childhood Arrival does not provide legal status in the U.S., and it does not grant the right to reenter the U.S. Furthermore, the U.S. government does have the right to cancel it or choose not to renew it.

While every case is different and has a unique set of facts, it is a good idea for eligible children to apply for both Special Immigrant Juvenile Status and Deferred Action for Early Childhood Arrival. There is no conflict between the two choices.

The USCIS will typically grant Deferred Action for Early Childhood Arrival (DACA) status within 90 days. After you have been approved, you will then receive an Employment Authorization Document (EAD), allowing you to apply for a social security number and work legally in the United States.

You may apply for Special Immigrant Juvenile Status at any time, either before or after you submit your DACA application. It typically takes around six months from the filing date for USCIS to make a decision on your Special Immigrant Juvenile status application.

Do I Need to Hire a Special Immigrant Juvenile Lawyer NYC?

There is no requirement that you need to hire a Special Immigrant Juvenile Lawyer  NYC in order to apply for Special Immigrant Juvenile Status or for Deferred Action for Early Childhood Arrival. However, hiring a Special Immigrant Juvenile Lawyer NYC can make the entire process easier for you. A Special Immigrant Juvenile Lawyer NYC will know how to help you complete the applications accurately and make sure that you include all required documentation to give you the best chance at a successful outcome.

Our NYC Immigration lawyers work aggressively to defend your rights and know-how to make sure you are able to remain in the United States legally. We have the skills to ensure that your Special Immigrant Juvenile application is approved by both the Family Court and the USCIS. We feel that you deserve the best chance to achieve a good life in this country, and you can be assured that we will do all in our power to help you achieve your immigration goals.

Feiner & Lavy, P.C. Immigration Lawyers are experienced NYC immigration lawyers and offer representation in US immigration matters and criminal immigration matters. Our proven success in dealing with these issues enables you to trust that we will apply the highest level of skill to assure the best outcome for you. For assistance in filing Special Immigrant Juvenile applications with the USCIS, contact us at (212) 571-9200.

Frequently asked questions:

**This is general information and is NOT intended to provide legal advice.

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