Special Immigrant Juvenile Status For Children Under: Fill & Download for Free

Thanks for the A2A, Habib!I’ve written some good things about Trump. Which is ironic, because in my day to day working life as an immigration lawyer, he is my nemesis.Photo by Jamelle Bouie/Flickr on What the Ancient Greeks would have to say about TrumpHe’s like the evil giant at the top of a great immigration law pyramid, who is directing all of the parts and workings against me.If I had to sum up his policy in one sentence, it would be this: to make legal immigration as much of a pain in the ass possible, within the existing legal framework.The actual immigration laws, which must be passed by Congress, haven’t changed.What has changed is the interpretation and execution of the existing laws. There is a lot of legal leeway and room for interpretation within immigration law.I could cite many examples of these frustrating changes in execution and interpretation. But I’ll just give two, because I think they are illustrative.In June and July of 2018, two USCIS memos were issued that, especially working in tandem with each other, could have a chilling effect on people applying for immigration benefits.The first was the Notice to Appear Policy Memorandum. A “Notice to Appear” is the document that people are served with when the government initiates removal proceedings against them. That means the government tries to remove them from the country.“Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.Starting Nov. 19, 2018, USCIS may also issue NTAs based on denials of Forms I-914/I-914A, Applications for T Nonimmigrant Status; I-918/I-918 Petitions for U Nonimmigrant Status; I-360 Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile petitions); Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; I-730 Refugee/Asylee Relative Petitions; and I-485 Applications to Register Permanent Residence or Adjustment of Status with these underlying form types.”For those not familiar with some of these visa types, T visas are for victims of human trafficking; U visas are for victims of certain typically violent crimes who cooperate with law enforcement, and Special Immigrant Juveniles are children who have had to be placed in the custody of the state or the courts.The previous policy was that when these applications were denied, they would only be issued an NTA or referred to ICE if there were indicators of fraud, significant criminal activity, or national security concerns.Today, if a victim of human trafficking, for example, is not in lawful status, and their case is denied for lack of sufficient evidence, USCIS may put them in removal proceedings.The second USCIS memo was issued the following month, in July of 2018. https://www.uscis.gov/sites/default/files/files/nativedocuments/USCIS_Policy_Update_on_Issuing_RFEs_and_NOIDs.pdfThis memo allows USCIS to issue denials instead of first issuing a Request For Evidence (RFE) to give people the chance to correct mistakes or provide additional items for their applications.One example that the memo gives is that a denial notice may be issued instead of an RFE when an Affidavit of Support is not submitted with an Adjustment of Status application.Before your eyes glaze over with boredom, think about how these two memos go together.If dealing with immigration agencies in the United States was simple and self-explanatory, I wouldn’t have a job. Everyone would do everything themselves.But not everyone can afford a lawyer. So the situation now is that vulnerable people, such as victims of human trafficking and other violent crimes, widows, people who were abused by their U.S. citizen spouse or former spouse, and children or young adults who are or have been wards of the state, may qualify for an immigration benefit under the law.But if they apply and are denied, USCIS may or may not put them in removal proceedings.On top of that, if they forget a form, or forget to include some other piece of required evidence, their application can be denied without them having a chance to correct it.That means that, “I forgot to include a form, now I am facing removal from the country” is not a particularly far-fetched scenario.Even for people who qualify for an immigration benefit, such as permanent resident status, everything is much more difficult, and takes much more time and work once someone is in removal proceedings.That means that the same immigration lawyers become a lot more expensive. And there are no government-appointed lawyers for Immigration Court.The end result of these policy changes could very well be that at least some people who otherwise would have become permanent residents, because they qualify to become permanent residents, will instead be torn from their homes and families and removed from the country.To be clear, I believe that the government has the legal authority to do all of the things I have mentioned. The law gives the president and the attorney general a lot of discretion in how to enforce immigration laws.But there’s a big difference between what the President has the right to do and what is the right thing to do.For those who believe that religion has no place in public discourse, forgive me. But as a Christian, my thoughts on the right thing to do are guided in part by Scripture:Deuteronomy 10:17-19 – “For the LORD your God is God of gods and Lord of lords, the great God, mighty and awesome, who is not partial and takes no bribe, who executes justice for the orphan and the widow, and who loves the stranger, providing them food and clothing. You shall also love the stranger, for you were strangers in the land of Egypt” (NRSV). Home | Donald E. Burke, Ph.D. (emphasis added).

Actually, they are mostly not entering the country illegally. Most of them enter legally by going up to CBP and requesting asylum. The U.S. has an obligation under both international and domestic law to not turn asylum seekers away, and to not create situations to deter refugees from coming here.And even if they enter without papers, most of them have rights under U.S. laws to asylee status, special immigrant juvenile status and so on, to remain legally in the U.S. -- which is why most of them will not be deported if they have access to counsel.Much of the migration has null effect on the U.S. given the children are joining families that are already working and living in the U.S.

The good news? There are quite a few ways to get a Green Card. The bad news? There are quite a few ways to get a Green Card.Before I go about rattling off all the ways you can qualify, keep in mind that whichever way you decide to go—make sure it’s the best option. You’d be amazed at how many people start down this road only to realize that they:1.) Don’t qualify for that route2.) Missed necessary steps and botched their approval chances.Don’t be that person.Here’s some ways you can go about it:Family:You can qualify you are an immediate family member of a US citizen (this includes: spouses, unmarried children under the age of 21, parents of petitions who are at least 21.You can also pick up a Green Card if you fall into the “preference category” which includes: unmarried children over the age of 21, married children of any age, and siblings of a petitioner who is at least 21.If you are a family member of permanent resident.Also, if you are a member of the “special category” of people that includes: battered spouse or child, K non-immigrant, child of a foreign diplomat, V non immigrant, or a widower of a US citizen.Employment:May be eligible if you are offered a permanent position in the US.If you are an investor or entrepreneur that is establishing a business that creates US jobs.Self-petitioning if you fall into “extraordinary abilities category”Available for certain “special category” jobsRefugee/Asylee:If you are allowed in the US as either a refugee or asylee then you can apply for permanent residency after one year.Other ways:Diversity Immigrant Visa ProgramK non immigrantLegal Immigration Family Equity ActSpecial Immigrant Juvenile StatusSo you do have some options when it comes to getting a Green Card. Like I said, you want to be sure that you choose the best option for yourself as all of these processes have their own set of requirements. Your best bet? Get in touch with an immigration attorney. They can give you some advice on where to start and help you go over your qualifications.If you aren’t sure where to look for a good lawyer, check out LawTrades. We connect clients with handpicked attorneys that are the best of the best. Our lawyers will put you first and make sure that you not only understand the Green Card process, but help you with your best chances of approval. Check us out and get in touch for a consultation.