Special Immigrant Juvenile Status (SIJS)

The Special Immigrant Juvenile Status (SIJS) is a humanitarian immigration classification created by Congress to protect vulnerable immigrant children who have been abused, abandoned, neglected, or are otherwise unable to reunify with one or both parents. Established under the Immigration Act of 1990 and later expanded by the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, SIJS provides a pathway for undocumented children to obtain lawful permanent residency in the United States. To qualify for SIJS, a child must meet specific criteria: they must be under 21 years old at the time of filing, unmarried, and declared dependent on a juvenile court or placed under the custody of an individual or entity due to abuse, neglect, abandonment, or similar circumstances as defined by state law. Additionally, it must be determined that reunification with one or both parents is not viable and that returning to their home country is not in their best interest. The process begins with obtaining a state court order through proceedings such as a Suit Affecting Parent-Child Relationship (SAPCR) in Texas, where the court makes findings about the child’s dependency, parental reunification, and best interests. These findings are then submitted to U.S. Citizenship and Immigration Services (USCIS) as part of the SIJS application

Suit Affecting Parent-Child Relationship (SAPCR)

The Suit Affecting Parent-Child Relationship (SAPCR) is a critical legal step in obtaining Special Immigrant Juvenile Status (SIJS) for unaccompanied immigrant children in Texas. SIJS is a federal immigration benefit that allows certain undocumented children who have been abused, abandoned, or neglected to apply for lawful permanent residency. The SAPCR process establishes the necessary state court findings required for SIJS eligibility. Below is a breakdown of the steps involved in the SAPCR process and how it fits into the larger SIJS process.

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

After securing a Suit Affecting Parent-Child Relationship (SAPCR) order in Texas, the next critical step for eligible immigrant children is filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , to apply for Special Immigrant Juvenile Status (SIJS) . The SAPCR order provides the necessary judicial findings required for SIJS eligibility, including that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or similar circumstances, and that it is not in the child’s best interest to return to their home country. To complete the I-360 process, the applicant must submit the certified SAPCR order, evidence of age (e.g., birth certificate or passport), and any other supporting documentation to U.S. Citizenship and Immigration Services (USCIS). Once approved, the I-360 establishes the child’s eligibility for SIJS, allowing them to proceed with applying for lawful permanent residency (a green card) and ultimately secure safety and stability in the United States. This process is vital for protecting vulnerable youth and providing them with a pathway to a brighter future.