What Options are Available for Undocumented Minors?
There are several options available for undocumented minors to begin a path to lawful citizenship within the United States. Each option has specific eligibility requirements, advantages, and disadvantages. It is important to consult with the attorney at Boykin Law Firm, PLLC, to determine which path best fits your case.
What is Special Immigrant Juvenile classification?
Special Immigrant Juvenile, or SIJ, classification offers protection to minors within the U.S. who have been abused, abandoned, or neglected by a parent. If SIJ classification is granted, the juvenile may pursue lawful permanent residency.
What are the Requirements for Petitioning for SIJ status?
There are very specific eligibility requirements for an SIJ status that must be followed before a petition is granted:
- The applicant must be under 21 years of age.
- The applicant must not be married.
- The applicant must be declared dependent in juvenile court, meaning that a family court must have jurisdiction over a petition that addresses the minor’s needs.
- Reunification with one or both parents must not be an option due to abuse, abandonment, or neglect.
- The court deems that it is not in the applicant’s best interest to return to their home country or last habitual residence.
What are the Advantages and Disadvantages of SIJ Status?
Advantages of the Special Immigrant Juvenile status include the following:
- The minor does not need to have legally entered the United States.
- The minor does not need to show proof of financial support.
- Most grounds of inadmissibility do not pertain to SIJ minors.
- Eligible SIJ minors may have the fee waived for the green card application.
Disadvantages of the Special Immigrant Juvenile status include the following:
- A minor who is granted SIJ status can not file any immigrant petition for either parent.
- There is currently a significant backlog of green card applications for SIJ status minors, creating a long delay of up to two years.
<h2> What is the Violence Against Women Act (VAWA)? <h2>
The Violence Against Women Act was enacted in 1994 for non-citizens and immigrants who are the victims of violence and abuse to self-petition for citizenship without the help of an abuser. VAWA allows victims to apply for an adjustment of status toward permanent residency. The act also offers protection to the LGBTQ community who have been victims of domestic abuse, sexual assault, and stalking.
What are the Requirements for VAWA Immigration?
Requirements for VAWA include the following:
- The petitioner must be the spouse, intended spouse, formal spouse, child, or parent whose child is over 21 years of age of a United States Citizen.
- For spouses, the petitioner must have married in good faith.
- The petitioner was subjected to battery or extreme cruelty that a United States citizen perpetrated.
- The petitioner currently resides with the abusive citizen.
What are the Advantages of VAWA?
The advantages of self-petitioning for VAWA include the following:
- The abused family member can remain in the U.S. and may obtain lawful permanent residency.
- The petitioner can obtain an employment authorization document for work, which also serves as a government-issued identification card.
What is the Trafficking Visa?
The Trafficking Visa or T visa is a nonimmigrant status and is temporary. The visa enables certain victims of severe trafficking of persons to remain in the United States for up to four years. After three years under this status and after compliance with reasonable requests from law enforcement to investigate the traffickers, the T visa holder may apply for permanent residency.
What are the Requirements for Applying for a T visa?
To be eligible to apply for a Trafficking visa, the following requirements must be met:
- The applicant must be a victim of severe trafficking, such as labor or sex trafficking, by means of force, misrepresentation, or deception.
- The applicant must currently be in the U.S. or territory due to trafficking.
- The applicant must demonstrate proof of extreme hardship if they are removed from the United States.
- The applicant must be admissible to the United States.
- The applicant must demonstrate a willingness to comply with reasonable requests from law enforcement to aid in human trafficking investigations.
What are the Advantages of Applying for a Trafficking Visa?
There are several advantages to the T visa states, including:
- Remaining in the United States for up to four years with a temporary visa
- Providing employment authorization which allows the applicant to work in the United States
- Certain family members may also receive T visas based on their relationship to the primary applicant
- May apply for permanent citizenship after three years
What is Asylum?
Asylum allows people with a well-founded fear of persecution to seek this refugee status, allowing them to obtain permanent residency. One or more of the following categories must apply to the victim based on their:
- Race
- Nationality
- Religion
- Membership of a particular social group or identifying with a specific social group
- Political opinion
What are the Requirements to Apply for Asylum?
Typically, an applicant can apply for asylum if:
- The applicant has been in the U.S. for less than one year, with exceptions.
- The applicant is currently in the United States or at a U.S. border.
The government prevents asylum if:
- The applicant has previously been denied asylum unless there are new circumstances.
- The government has attempted deportation before.
- The applicant was offered lawful citizenship in another country besides the country of origin.
- The applicant has specific criminal convictions.
What are the Advantages of Asylum?
The advantages of asylum include the following:
- The noncitizen may remain in the U.S. and obtain lawful permanent residency.
- The applicant is provided with an employment authorization document allowing them to work and serve as an identification card.
- The applicant may travel outside of the U.S. with a refugee travel document.
- The applicant can petition for spouses and children under 21 to enter the U.S.
Do You Need an Attorney?
If you are a juvenile seeking legal residency in the U.S., you have options. Call Boykin Law Firm, PLLC, today at 202-796-6644 or fill out a contact form to schedule a consultation.