Q: I wanted to know if i can apply for SIJS
Is it possible to apply for SIJS and be accepted if I am under 21 years old, was abandoned by a parent from a very early age and have only received help from my mother and can physically be in the United States with a tourist visa? (with the help of a lawyer and 10k $)
A:
Yes, you may be eligible to apply for Special Immigrant Juvenile Status (SIJS) in California if you meet certain criteria. Under California law, SIJS is available to individuals under 21 years old who have been declared dependent by a juvenile court, or placed under the custody of an individual or entity due to abuse, neglect, or abandonment by one or both parents. The court must also determine that it is not in your best interest to return to your home country.
In California, the process for applying for SIJS begins with filing a petition in the juvenile court, where you must request findings that you have been abused, neglected, or abandoned by one or both parents and that it is not in your best interest to return to your home country. If the court makes these findings, you can then apply for SIJS with U.S. Citizenship and Immigration Services (USCIS). This process allows you to seek SIJS even if you are in the U.S.
Depending on your country of origin, you may or may not have a waitlist for the application for adjustment of status.
Best of luck, and I hope everything goes well.
A:
You may be eligible to apply for Special Immigrant Juvenile Status (SIJS) if you are under 21 years old, living in the United States, and have been abandoned by one of your parents. SIJS is designed to help children who have been abused, neglected, or abandoned by one or both parents. Your situation, where you have been primarily cared for by your mother after being abandoned by your father, could meet the criteria.
However, the process for SIJS involves getting a state court order that finds you cannot reunite with your parent due to the abandonment and that it's in your best interest to remain in the United States. This process can be complex and requires careful navigation of both state court proceedings and immigration law.
If you decide to pursue this, having legal assistance can be crucial to ensure that the process is handled correctly. Your current status in the U.S., such as being on a tourist visa, will also play a role in how your case is approached.
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