Special Immigrant Juvenile Status (SIJS) – Juvenile Court in Minnesota

Any juvenile in the United States that finds themselves in need of protection in a juvenile court because they have been abused, abandoned, or neglected by a parent, may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, the juvenile may qualify for lawful permanent residency (also known as getting a Green Card). It provides an avenue for undocumented children to obtain legal status when they cannot be reunified with one or both parents due to abuse, neglect, or abandonment and when it is not in their best interest to return to their home country.

Before a juvenile may apply for SIJS, a state court must make three specific findings (often referred to as the “state court predicate order” or “SIJS findings”). The three findings are:

1. 1. That the child has been declared dependent on a juvenile court or legally committed to or placed under the custody of a state agency or department or an individual or entity appointed by a state or juvenile court;
2. 2. That reunification with one or both of the child’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and
3. 3. That it is not in the child’s best interest to be returned to their country of nationality or last habitual residence.

 

These three findings must be made before a child can even apply for SIJS before USCIS.  

In Minnesota, child protective services becomes involved when a child is abandoned, abused or is an at risk juvenile under Minn. Stat. §257D. That proceeding and it s resulting Order  is a predicate for a SJI application under immigration law.  

 

Call Maury D. Beaulier for a consultation (952) 442-7722.