Under California law, a Superior Court has jurisdiction to make judicial decisions on the custody as well as care of children within the meaning of the Federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq. and 8 C.F.R. Section 204.11), which includes, but is not limited to, the divisions of the superior court in the juvenile, probate and family courts.
Pursuant to Section 1101(a) (27) (J) of Title 8 of the United States Code, these courts have authority to render the factual findings required to allow a child to apply to the United States Citizenship and Immigration Services for registration as a special immigrant juvenile.
When, pursuant to Section 1101(a) (27) (J) of Title 8 of the United States Code, an order is sought from the superior court making the necessary findings regarding the special immigrant juvenile status and there is evidence to support those findings, which may consist solely of, but is not limited to, a statement made by the child who is the subject of the petition, the court shall issue the order, whatever is the case:
- One of the following was the child:
- That the child’s reunification with one or both parents of the child was determined not to be viable under California law due to abuse, neglect, abandonment, or a similar basis. The court shall specify the date on which it was determined that reunification was not viable.
- It is not in the best interests of the child to return to the previous country of nationality or country of last habitual residence of the child or of the child’s parent.
What is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Findings allows you to live lawfully in the U.S.
You can apply for permission to work/ operate.
You should apply for a green card immediately (legal permanent residency).
Who Can Be Qualified for Special Immigrant Juvenile Status?
You can apply for Special Immigrant Juvenile status if:
- You’re under the age of 21,
- you’re not married,
- you’re already in the U.S., and/ or
- a U.S. judge won’t let you stay with one or both of your parents because they hurt you, didn’t care about you, or left you to care for you without someone.
How Can One Apply for Special Immigrant Juvenile Status?
There will be two steps:
- Apply for a California court order from the Special Immigrant Juvenile Status.
- Register to U.S. for the Special Immigrant Juvenile Status Programs for Citizenship and Immigration.
What Should Someone Be Careful About Here?
- Tell an attorney as soon as possible if you are 17 years old or older! California courts are not permitted to make the decisions you need after turning 18 in some cases.
- Getting Special Immigrant Juvenile Status won’t help you provide your parents with immigration benefits. This is valid even if one of your parents has a good relationship.