Special Immigrant Visas
Special immigrants are non-citizens from specific groups who are eligible to apply for permanent workers’ visas under USCIS special immigrant visa programs, including employees and their families of US government or international organizations, employees of the religious sector, and some minors. With green cards, they can enter the country permanently and work. Special immigrant visas fall under two main categories, a SIJ Visa i.e Special Immigrant Juveniles or an EB-4 Visa i.e Employment-Based Immigration: Fourth Preference. Let’s navigate through the intricacies of these special immigrant visas with the help of our special immigrant visa attorneys in Van Nuys.
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Call our Van Nuys immigration office for a free consultation if you want to move to the United States of America on an EB-4 visa or the SIJ category. Our attorney Fakhrudeen Hussain has more than 10 years of legal experience. Plus, he is an immigrant himself, so he understands how you feel. From our Van Nuys office, we assist clients throughout California with all types of immigration concerns. Give us a call today at 888-997-3071 to discuss your specific situation.
You can qualify for Special Immigrant Juvenile (SIJ) classification if you are a child who needs the protection of a juvenile court because your parents have abused, neglected, or left you. If given SIJ classification, you might be eligible for legal permanent residence (also known as getting a green card).
To petition for SIJ classification, you must file the following forms and supporting documentation with USCIS:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Evidence of your age. You must submit one of the following (also submit a certified English translation, if applicable):
- Birth certificate
- Passport
- Official identity document issued by a foreign government, such as a cartilla or a cedula; or
- Other documents that satisfactorily establish your age
- Valid juvenile court order that makes the required determinations and include or are supported by evidence of the factual basis for the court’s determinations
- Written consent (PDF) from the US Department of Health and Human Services (HHS) if you are in HHS custody and the juvenile court order also changes your custody status or placement
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you have a special immigration visa attorney or accredited representative who represents you
These are some of the major requirements for the SIJ classification, to find out whether you fit into a unique or specialized case, kindly contact a special immigrant juvenile lawyer to discuss your options in obtaining a special immigrant visa.
To prove your eligibility for this visa you might need assistance from a Van Nuys special immigrant juvenile attorney. Having said that, you must meet the following requirements to qualify for the SIJ classification:
- The applicant must be less than 21 years of age at the time of filing the SIJ petition form (Form I-360)
- The applicant must be living on US soil. You cannot apply from outside the country to relocate to the USA on SIJ classification. Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition
- The applicant must be unmarried, meaning either have never been married or were previously married, but the marriage ended in annulment, divorce, or death. Both at the time you file the SIJ petition and at the time USCIS decides on your petition
- Have written consent from the Department of Health and Human Services (HHS)/ Office of Refugee Resettlement (ORR) to the court’s jurisdiction if:
- You are currently in the custody of HHS
- The juvenile court order also changes your custody status or placement
If you are an exceptional immigrant, you can be qualified for an employment-based, fourth priority (EB-4) visa. The EB-4 visa has a cap, meaning that only a limited number of immigrants can apply in this category each year. A person can apply for LPR in this category if they meet the eligibility criteria. A Van Nuys attorney for a special immigrant visa for Afghan workers or a special immigrant visa for Iraqi interpreters can help you determine your eligibility for an EB-4 visa.
Talk To An Attorney About The Special Immigrant Juvenile Status In Van Nuys
A green card must be sought for separately and is not automatically granted to a child who receives SIJ status. When their siblings become citizens of the United States, children who receive a green card through the SIJ program may petition for their siblings to also receive a green card.
When filing for SIJ status, undocumented foreign children are most at danger of being deported. Before applying, make sure the child will likely be granted SIJ status because failing to do so will serve to draw attention to the fact that they are in the country illegally. You can get assistance from the law offices of Hussain & Gutierrez with your case. If you would like to arrange a meeting to talk about your issue, don’t hesitate to get in touch with our attorneys specializing in family and immigration law. Our skilled lawyers can start advocating for you straight away on your behalf.
Have a question? Ask our attorneys specializing in immigration
You should request a letter of recommendation from a non-American boss in this situation. The American citizen in charge of the contract should then sign that letter as well. The co-signer must state that they believe the letter to be true in light of their relationship with the non-U.S. citizen supervisor. They must also attest that, to their knowledge, the petitioner poses no security risk.
No. Only spouses and unmarried children under the age of 21 may be included. The SIV case cannot involve parents, brothers, or sisters. Once you become a citizen of the US, you can sponsor them for an immigrant visa.
The eligibility period for the majority of job programs and other support for integration and self-sufficiency expires five years after the day you were granted a SIV or SQ/SI release. Bring documentation of your SIV, SQ/SI, and the date of your parole.
The NVC will send you an approval letter and details on how to proceed with the SIV application process if your application is accepted. You must sign the DS-157 for the National Visa Center (NVC) to deem your application complete and prepared for Chief of Mission review.
Between two to three years. However, the reported wait times only reflect the time it takes the US federal government to review an application.
Special Immigrant Juvenile Visa