Immigration to the United States can be a complex journey, especially for children who make the journey alone and those who have experienced abuse or been abandoned by their parent(s). Fortunately, minors who have been affected by these issues may receive protections, and they may be able to apply for humanitarian relief. Special Immigrant Juvenile (SIJ) status can provide children with Green Cards, and it may also protect them against deportation.

What Is Special Immigrant Juvenile (SIJ) Status?

SIJ status provides a pathway to permanent residency for some children who have been abused, neglected, or abandoned by their parents or guardians. If a court determines that a child cannot be safely reunited with their parents and that it is not in the child's best interest to return to their country of origin, the child may apply for SIJ status by filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS). If their application is accepted, they will be able to apply for a Green Card once an immigrant visa becomes available.

Who Qualifies for SIJ Status?

A child who applies for SIJ status must be under the age of 21 at the time they file their application. If the immigrant turns 21 while their application is pending, they may still be eligible for SIJ status. A person must also be unmarried when filing for SIJ status and when USCIS makes a decision in their case. The child must also be in the physical and legal custody of a state agency or a court-ordered guardian such as a foster parent. Children who apply for SIJ status must be living in the United States when they file their application and at the time that USCIS issues a decision on whether to grant SIJ status.

Immigrating to the United States is a dream for many people around the world. However, the immigration process can be long and complicated. One of the options for immigrants to obtain a Green Card is consular processing. This process involves applying for an immigrant visa and Green Card through the U.S. embassy or consulate in a person's home country. There are several options for obtaining authorization to enter the United States and live in the country permanently through consular processing, including:

Family-Based Immigration

Consular processing is frequently used in family-based immigration to the United States. When a U.S. citizen or lawful permanent resident has qualifying family members outside the U.S. who want to come and live in the country, they can submit a petition on behalf of their loved ones. If the petition is approved, the beneficiary can then attend a visa appointment at a U.S. consular office abroad. Consular processing is advantageous because it streamlines the process of obtaining family-based immigration visas for those who are located outside of the United States.

Employment-Based Immigration

Consular processing may be available in certain employment-based immigration cases in which an immigrant has been sponsored by a U.S. employer. After a visa petition filed by an employer is approved by United States Citizenship and Immigration Services (USCIS), the petition will be sent to the National Visa Center (NVC). When a visa becomes available, the NVC will forward the case to the embassy or consulate in the immigrant's home country, and an interview will be scheduled.

The United States is often seen as the land of opportunity, attracting thousands of foreign workers each year who hope to establish and advance their careers. Employment-based visas and Green Cards are one of the most sought-after avenues to achieve this dream, offering permanent residency in the U.S. However, obtaining an employment-based Green Card can be a complex and lengthy process. For those who wish to immigrate to the United States, it can be helpful to understand the different categories of workers who may qualify for Green Cards and the annual quotas for each type of employment-based Green Card.

Annual Availability of Employment-Based Green Cards

United States Citizenship and Immigration Services (USCIS) makes about 140,000 employment-based green cards available each fiscal year. This number is not necessarily fixed, as unused family-based visas from the previous year may increase the quota for employment-based green cards.

For many immigrant families, the ability to live together in the United States is essential, and it may be a goal that can take years to achieve. In some cases, family members may be fleeing dangerous situations, or some family members may have already settled in the U.S., and they may wish to bring their loved ones to live with them. However, there are many issues that can impede the immigration process, including when a person is determined to be inadmissible to the United States.

Fortunately, waivers of inadmissibility may be available in certain situations. These waivers allow immigrants to overcome a finding of inadmissibility and ensure that they can receive visas and Green Cards. To qualify for a waiver of inadmissibility, a person will need to meet several criteria, and one of the most important involves showing that if they cannot enter or remain in the U.S., their family members may suffer hardship. Understanding what types of hardship may qualify and how to demonstrate this to immigration officials is not always easy, but with the assistance of a skilled immigration attorney, families can provide the necessary evidence and address any other issues that may arise in their case.

For those who are seeking to come to the United States, the immigration process can be difficult.  In many cases, immigrants are fleeing dangerous situations in their home countries due to issues such as political unrest, natural disasters, or persecution, and they often face uncertain futures. For some, the only hope may be to seek asylum and receive humanitarian relief that will allow them to remain in the U.S. rather than being returned to situations where they would be at risk of suffering serious harm. However, proposed changes to the rules followed by immigration officials may limit people's ability to obtain this vital form of protection.

Biden Administration Seeks to Implement New Restrictions on Asylum

In response to the ongoing immigration crisis, the administration of President Joe Biden has implemented a number of measures meant to limit unauthorized entry into the United States by immigrants, while also providing legal avenues for those who are seeking humanitarian relief. A rule known as Title 42 that was implemented by the previous presidential administration in response to the COVID-19 pandemic has allowed for the expedited removal of many undocumented immigrants. The Biden administration has sought to end this rule, and although it has faced a number of legal challenges, Title 42 is currently scheduled to end in May of 2023.