The United States immigration system is fraught with problems that make entering the country a complicated disaster. Many United States residents do not know that special immigrant juvenile status exists or how it works. So, why would we expect that those who do not live here would?
Therefore, an experienced immigration attorney is essential for those looking to come to the United States to find a better life. Call now for a free consultation with a Duluth special immigrant juvenile status visa lawyer.
Record-Breaking Number of Unaccompanied Minors Coming to the United States
According to CBS News, nearly 130,000 unaccompanied migrant children enter the United States shelter system each year. The sad news is that many of these children never reunite with both of their parents.
Their parents are leaving their country because of violence or poverty. As a result, parents and children regularly become separated because the parents are more concerned with their children making it to the United States, even if that means they have to do so alone. They do this because they are putting their kids first.
The emotional and physical stress that parents and children in these situations must go through is substantial. These parents and children make the ultimate sacrifice because they hope for a better life in the United States. They take on this challenge knowing it will not be easy, but a Duluth special immigrant juvenile status visa attorney can help guide them through the process and provide the legal support needed to secure this important immigration status.
Understanding Special Immigrant Juvenile Status
The “Special Immigrant Juvenile” classification means that some undocumented children can obtain temporary or permanent legal immigration status. However, for this to happen, specific criteria must be met. Failure to meet these requirements means that special immigrant juvenile status will remain unattainable.
Once the unaccompanied children have entered the United States, an adult must seek and obtain guardianship or legal custody of them. It is important to note that both parents do not need to abandon a child for one of them to seek special immigrant juvenile status. If it is possible for one of the parents to reunite with their child, then that parent can seek custody and file for special immigrant juvenile status.
They can do this because of the other parent’s abandonment, abuse, or neglect of the child. Doing so with the help of a special immigrant juvenile status visa lawyer in Duluth makes this process much more manageable.
Abandonment, Neglect, Abuse, & Special Immigrant Juvenile Status
Abandonment takes on different forms. It can be physical or constructive. For example, a parent leaving a child alone at home with no food or water is physical abandonment. Constructive abandonment can be a parent telling their child that they are never coming back home, or want their child to leave home, and that they are not welcome to return.
Like abandonment, neglect can involve a parent failing to provide a child with life’s necessities: food, clothing, shelter, and medical care. If a child’s parent fails to provide a reasonable amount of any of these essentials, it can be used against them as evidence of neglect.
Abuse can be physical or emotional. For example, a parent hitting their child is physical abuse. When a parent verbally insults and berates their child so severely that they feel unsafe or distressed, that is an example of emotional abuse.
A Duluth special immigrant juvenile status visa attorney can assist children in these situations by guiding them through the legal process to obtain special immigrant juvenile status, providing both protection and a pathway to lawful residency in the United States.
Special Immigrant Juvenile Status & Becoming a Lawful Permanent Resident
Being assigned special immigrant juvenile status does not mean that a child automatically receives a green card and is a lawful permanent resident of the United States. That said, being seen as a person with special immigrant juvenile status is the first step in getting to that point.
After a child has received special immigrant juvenile status, they can go through an adjustment of status and apply for a green card to become lawful permanent residents in the United States. A special immigrant juvenile status visa lawyer in Duluth can walk minors and their legal guardians through the process of securing a green card and becoming a lawful permanent resident. But it is important to understand the advantages and disadvantages of getting a green card.
The Green Card Disadvantage
While getting a green card sounds like a great option, there is a disadvantage when you do so after receiving special immigrant juvenile status. The issue is that the minor granted special immigrant juvenile status is never allowed to legally file an immigrant petition for either one of their parents. If one of the parents was abusive or neglectful, but the other wasn’t, it hurts the parent who did nothing wrong because the minor cannot petition for that innocent parent to receive a green card.
There is an upside when applying for a green card after obtaining special immigrant juvenile status. For example, most green card approval applications require that the person applying must enter the United States legally and that they show proof of financial support. However, those with a special immigrant juvenile status do not have to meet these requirements.
An extra benefit is that the green card application fee is waived for those with special immigrant juvenile status.
Contact a Duluth Special Immigrant Juvenile Status Visa Attorney for Help
Do you need assistance attaining special immigrant juvenile status? Our Duluth special immigrant juvenile status visa lawyer can help. We are dedicated to helping clients through this challenging process.
We know what it is like to be in vulnerable situations, and we provide clients with the strength they need. Contact us today so our team at Barrios & Virgüez can help you and your family.
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