Immigrants in the United States who are undocumented or who need to defend against deportation may have a variety of options. For those who have experienced abuse, been the victims of crime, or are at risk of harm in other countries, humanitarian relief may be available. Minors who have experienced abuse or neglect may qualify for Special Immigrant Juvenile (SIJ) status, which will allow them to remain in the United States and apply for green cards. When petitioning for this form of relief, a person will need to understand the eligibility requirements and the steps they will need to take to maintain a lawful status in the U.S.

Eligibility for Special Immigrant Juvenile Status

If a person receives Special Immigrant Juvenile status, they will be able to apply to become a lawful permanent resident. SIJ status will provide exemptions to certain issues that may cause a person to be ineligible for adjustment of status, including unlawful entry and employment without authorization. If necessary, a person may also apply for a waiver of inadmissibility for any other issues that would be barriers to adjustment. After receiving SIJ status, a person will be able to apply for work authorization that will allow them to obtain employment while they are applying for a green card.

To qualify for Special Immigrant Juvenile Status, a person must be under the age of 21 at the time they file their petition, and they must currently be living in the U.S. They must also be unmarried, and if they were previously married, the marriage must have ended through divorce, annulment, or the death of the other spouse. However, the most important requirement involves showing that the person has been the victim of abuse or neglect by a parent that has required them to receive protection from a juvenile court in the state where they live.

The Biden Administration recently announced that it will restore a Trump-era policy regarding migrants waiting for immigration hearings. Any migrants who wish to enter the U.S. seeking asylum will once again need to stay in Mexico until the date of their hearing arrives.

According to NPR, Mexico will allow asylum seekers to return to the country to await their hearing dates. The revival of this policy will affect approximately 70,000 people seeking asylum in the U.S.

Migrants coming to the United States across the southern border can face a number of challenges.

The implementation of Title 42 brought about changes to asylum in the U.S. What is this rule and how does it affect migrant families?

Many immigrants flee their home countries due to violent and dangerous situations that put them and their families at risk. Recently, the U.S. changed its policies and ended requirements that made it harder for immigrants to come to the U.S. seeking asylum from violence.

According to AP News, Attorney General Merrick Garland provided updated instructions for immigration judges to use when making decisions about asylum grants for immigrants fleeing domestic or gang violence. This action undid rules from the Trump administration that made it harder for immigrants to qualify for asylum.

Individuals facing the immigration process generally live with a certain level of fear and uncertainty until everything is resolved. With paperwork errors, missed deadlines or allegations of fraud all potentially resulting in removal proceedings, the couple is usually met with an unending sense of unease until the matter is finalized.

Even couples who have done nothing wrong might feel the pressure of proving their relationship is legitimate. Marriage fraud is a common issue that could prevent a foreign spouse from obtaining a green card. The United States government is always on high alert for relationships that were created for the main purpose of evading immigration laws. Marriage fraud often has devastating consequences including deportation and jail time.