How to Apply for a Special Immigrant Juvenile Visa in New Jersey

How to Apply for a Special Immigrant Juvenile Visa in New Jersey

The Special Immigrant Juvenile (SIJ) Visa is a vital pathway for undocumented minors in need of protection in the United States. If you are a minor residing in New Jersey and find yourself in abusive or neglectful situations, this visa provides you with a legal means to seek safety. Here’s a comprehensive guide on how to apply for a SIJ Visa in New Jersey.

Step 1: Determine Eligibility

Before applying for a SIJ Visa, it's essential to ensure you meet the eligibility criteria. To qualify, you must:

  • Be under 21 years of age.
  • Be unmarried.
  • Have been abused, abandoned, or neglected by one or both parents.
  • Be declared eligible for long-term foster care in your state.
  • Be residing in the United States.

Step 2: Obtain a Family Court Order

The next step in the application process involves obtaining a family court order that declares you a dependent of the court. This order must affirm that returning you to your home country is not in your best interest due to the abuse, abandonment, or neglect you faced.

To pursue this, consult with a family law attorney in New Jersey who has experience working with immigrant communities. They can help you file a petition in the appropriate family court and navigate the legal proceedings.

Step 3: Complete Form I-360

After securing the court order, you need to file Form I-360, Petition for Special Immigrant. This form is critical as it helps establish your eligibility for the SIJ classification. Ensure you include:

  • A copy of the family court order.
  • Your birth certificate or proof of age.
  • Evidence of your immigration status.
  • Any supporting documents that demonstrate your circumstances.

Step 4: File Form I-485 (Optional)

If you are already in the U.S. and wish to adjust your status to become a lawful permanent resident, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This step is optional, depending on your goals after obtaining the SIJ Visa.

Step 5: Attend the Biometrics Appointment

After your application has been submitted, USCIS will notify you of your biometrics appointment. During this appointment, your fingerprints, photo, and signature will be taken for background checks. Make sure to attend this appointment to avoid delays in your application process.

Step 6: Prepare for the Interview

In some cases, you may be required to attend an interview at your local USCIS office. It’s important to prepare for this interview by reviewing your application, understanding your eligibility, and gathering any supporting documents. Having legal representation can be beneficial during this process.

Step 7: Receive Your Decision

After your interview, USCIS will notify you about their decision regarding your SIJ Visa application. If approved, you’ll receive your SIJ status, allowing you to apply for a work permit and eventually adjust your status to become a permanent resident.

Conclusion

Applying for a Special Immigrant Juvenile Visa in New Jersey can be a complex process, but understanding the steps involved can help ease the journey. Ensure you seek the guidance of an experienced immigration attorney to navigate this process effectively. By following the steps outlined above, you can work towards securing the safety and stability you deserve.