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Schedule a Free Case ReviewSpecial Immigrant Juvenile Attorney in New Jersey Advocating for At-Risk Immigrant Youth and Guiding Families Through the SIJS Process
For undocumented children and young people who have been abused, abandoned, or neglected by one or both parents, Special Immigration Juvenile Status (SIJS) can provide a life-changing path to lawful status in the United States. Navigating SIJS, however, requires a careful blend of state family law and federal immigration law. Working with an experienced New Jersey SIJS lawyer can help ensure that every step of the process is handled correctly and with the child’s best interests in mind.
At the Law Office of Nita Kundanmal, we provide compassionate, detail-oriented representation for juveniles and caregivers in Hackensack and throughout New Jersey who are seeking SIJS custody and immigration protection. Our firm understands both the legal complexities and the emotional realities facing immigrant youth and their families. Contact us today for the guidance you need to navigate this complex but critical area of immigration law.
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What Is Special Immigration Juvenile Status (SIJS)?
Special Immigration Juvenile Status is a humanitarian form of immigration relief created by Congress to protect undocumented children who cannot safely reunite with one or both parents due to abuse, abandonment, or neglect.
SIJS allows eligible juveniles to apply for lawful permanent residence (a Green Card) and provides protection from deportation.
SIJS is unique because it requires findings from a state family court before an immigration application can be filed with U.S. Citizenship and Immigration Services (USCIS). In New Jersey, this often involves obtaining a custody, guardianship, or dependency order from the court. A knowledgeable New Jersey SIJS lawyer plays a crucial role in coordinating these two legal systems.
Benefits and Protections of SIJS
SIJS offers several important benefits to qualifying juveniles, including:
- Protection from removal (deportation)
- Eligibility to apply for lawful permanent residence
- Authorization to work legally in the United States
- Access to certain state benefits, depending on eligibility
- Stability and security through lawful status
Unlike many other immigration options, SIJS does not require a sponsor and does not depend on future family petitions. A Special Immigrant Juvenile attorney in New Jersey can help determine whether SIJS is the most appropriate option for a child’s long-term safety and stability.
Eligibility for Special Immigrant Juvenile Status
To qualify for SIJS, a juvenile must meet specific legal requirements under both New Jersey law and federal immigration law.
A child may be eligible for SIJS if:
- They are under the age of 21 at the time of filing the SIJS petition.
- They are unmarried.
- A New Jersey family court has issued an order placing the child under custody, guardianship, or dependency.
- The court finds that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar basis under state law.
- The court determines that it is not in the child’s best interest to return to their country of nationality or last habitual residence.
An experienced SIJS lawyer can assess whether the facts of a child’s situation meet these requirements and advise on the strongest legal strategy.
The SIJS Custody Process in New Jersey
One of the most critical steps in securing SIJS is obtaining the proper custody or guardianship order from a New Jersey family court.
Who Can Apply for SIJS Custody?
In many cases, SIJS custody is sought by:
- A non-abusive parent
- A relative such as an aunt, uncle, sibling, or grandparent
- Another responsible adult caregiver
- In some situations, the juvenile themselves, depending on age and circumstances
A Special Immigrant Juvenile attorney in New Jersey can help determine who is eligible to seek custody and what type of court action, whether custody, guardianship, or dependency, is most appropriate.
Steps in Securing SIJS Custody
The SIJS custody process generally includes:
- Filing a custody or guardianship petition in New Jersey family court
- Presenting evidence of abuse, abandonment, or neglect
- Demonstrating that the proposed custodian is fit and that the arrangement serves the child’s best interests
- Requesting specific SIJS findings from the court order
A seasoned New Jersey SIJS lawyer ensures that the court order contains the precise language required by USCIS, which is essential for a successful immigration petition.
What Happens After Filing a SIJS Application?
Once the family court order is issued, the next step is filing Form I-360, Petition for Special Immigrant Juvenile, with USCIS.
USCIS Review and Approval
USCIS will review:
- The juvenile court order
- Evidence supporting the court’s findings
- Proof of age, identity, and marital status
If the I-360 is approved, the child becomes eligible to apply for Adjustment of Status (a Green Card) when a visa number is available. A New Jersey SIJS lawyer monitors timelines, priority dates, and eligibility to avoid unnecessary delays.
Adjustment of Status
When eligible, the juvenile may file Form I-485 to apply for lawful permanent residence. During this stage, USCIS may request biometrics, additional documentation, or an interview.
Working with a Special Immigrant Juvenile attorney in New Jersey throughout this process helps ensure that deadlines are met and that any requests for evidence are handled properly.
Risks in Applying for SIJS and How to Minimize Them
While SIJS offers powerful protections, it is not risk-free. Understanding potential risks is essential before moving forward.
Potential Risks
- Disclosure of immigration status to government agencies
- Possible denial if court orders lack the required findings
- Ineligibility if age or marital status changes
- Complications if the child has prior immigration violations
A skilled New Jersey SIJS lawyer evaluates these risks early and develops a strategy to reduce exposure and protect the child’s future.
Is SIJS the Right Path for You?
Every case is different. A Special Immigrant Juvenile attorney in New Jersey can provide an individualized assessment to determine whether SIJS is the safest and most beneficial option, or whether alternative immigration relief should be considered.
Applying for Special Immigrant Juvenile Status While in Removal Proceedings
Children in immigration court may still be eligible for SIJS, but the process becomes more complex.
If a juvenile is in removal proceedings:
- The family court case must still be completed
- Immigration court timelines must be coordinated with SIJS filings
- Motions may be needed to pause or terminate proceedings
An experienced New Jersey SIJS lawyer works closely with immigration court procedures to protect the child from deportation while the SIJS case is pending.
How the Law Office of Nita Kundanmal Can Help
At the Law Office of Nita Kundanmal, we provide comprehensive SIJS representation from start to finish. We take a comprehensive approach to SIJS cases.
When you work with our firm, we will:
- Conduct a thorough eligibility evaluation
- Identify the appropriate custody or guardianship strategy
- Prepare and file New Jersey family court petitions
- Obtain SIJS-compliant court findings
- Prepare and submit all USCIS filings
- Respond to requests for evidence
- Coordinate cases involving removal proceedings
As a dedicated SIJS lawyer, Nita Kundanmal is committed to protecting vulnerable youth and helping them build secure futures.
Why Choose the Law Office of Nita Kundanmal as Your New Jersey SIJS Lawyer?
Choosing the right legal representation can make all the difference in an SIJS case. The Law Office of Nita Kundanmal stands out for several reasons:
Serving Clients Throughout New Jersey Since 2012
The Law Office of Nita Kundanmal has proudly served immigrant families across New Jersey for over a decade, bringing trusted experience and steady guidance to complex cases.
High-End Boutique Representation With Personal Attention
At our boutique solo-attorney firm, every client receives direct, personalized attention rather than being treated as just another case number.
Detail-Oriented, Creative, and Case-Specific Solutions
Known for meticulous attention to detail, our firm develops thoughtful and customized legal strategies tailored to each client’s unique circumstances.
Led by an Immigrant Attorney With 20 Years of Legal Experience
Founding Attorney Nita Kundanmal brings two decades of legal experience and a personal understanding of the immigrant journey, allowing her to advocate with both skill and empathy.
Contact the New Jersey SIJS Lawyer at the Law Office of Nita Kundanmal Today for Your Initial Consultation
Special Immigration Juvenile Status can provide safety, stability, and opportunity for children who have already faced immense hardship. If you are seeking a trusted New Jersey SIJS lawyer who understands the high stakes involved in SIJS cases, the Law Office of Nita Kundanmal is here to help. Contact the Law Office of Nita Kundanmal online or call 201-890-7684 to speak with a compassionate Special Immigrant Juvenile attorney in New Jersey today.