The Law Offices of Alice Antonovsky provides assistance with Special Immigrant Juvenile Status applications for undocumented minors who have been neglected or abandoned by their parents.
Legalize Your Immigration Status,
Apply for the I601-A Waiver
Foreign nationals who have been found ineligible to receive a visa under the Immigration and Nationality Act (INA) are eligible to file form I-601A. In many cases, the applicant may have a qualifying relative for the waiver. The applicant’s relative must be a U.S. citizen or lawful permanent resident parent, spouse or in some cases a child. ¨Extreme hardship¨ must be established by a qualifying relative; not the waiver applicant.
If you are unlawfully present in the U.S. because you overstayed your visa or have entered the United States by crossing the border without a visa, you may be eligible to apply for the I-601A form to waive your unlawful presence if you are married to a US citizen or lawful permanent resident or you have an unmarried child under the age of 21. However, if USCIS denies the waiver application, there is no further appeal available to you.
Make sure you can meet all the requirements to qualify for the waiver before filling out your application. Visit the USCIS official website to check the information regarding the I-601A waiver.
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3 Things You Need To Know About The I-601A
What is aI-601A form?
The I-601A is a provisional waiver that can be requested by individuals unlawfully residing in the United States. This waiver is directly tied to a relative or spouse legally living in the country and allows the petitioner to “come clean” regarding their status in the US.
What is itintended for?
The I-601A is intended to prevent an abrupt separation of families and couples when applicants reveal that they are unlawfully residing in the US. A crucial aspect to remember when applying for this waiver is that if the application is denied, you will not be able to repeat the process.
Requireddocumentation:
The I-601A application requires a qualifying relative to establish extreme hardship. Applicants must be 17 years of age or older, be physically present in order to provide biometrics and be in the process of obtaining an immigrant visa, as well as proof that you have a case pending with the Department of State. An experienced immigration attorney will assist you in gathering all the necessary documentation for a successful outcome.
Key Facts About the I601-A Waiver
- Based on the I-601A applications received or adjudicated from March 4 – September 14, 2013, the National Benefits Center NBC has issued the following decisions: 3,497 approvals (59%) and 2,292 denials (39%).
- According to some statistic provided by USCIS, The total number of I-601A forms issued since the program started in 2013 (over the course of 1 year and 11 months) was 62,973.
- USCIS announced of the new unlawful presence waiver (I-601A), which took effect on March 4, 2013.
SIJS FACTS
- In October of 2019, USCIS adapted multiple changes to the policy manual on Special Immigrant Juvenile Status (SIJS) petitions.
Source: Exclusive: For migrant youths claiming abuse,
U.S. protection can be elusive | Reuters
SIJS IMMIGRATION THROUGH THE YEARS
3 THINGS YOU NEED TO KNOW ABOUT THE SPECIAL IMMIGRANT JUVENILE STATUS
1 WHAT IS SIJS?
Special Immigrant Juvenile Status is a program established back in 1990 for young immigrants under 21 years of age that have suffered abuse, neglect or abandonment from their families back in their home country. If your case is approved, you will be able to apply for a US Green Card.
2 YOU’LL NEED TO
Be living in the United States, have a valid juvenile court order issued by a state court and be a dependent of a state agency or department. You must also prove that you cannot be reunified with your parents, and that it is not in your best interest to go back to your country of origin.
3 HOW TO APPLY
You will have to file an I-360 form, which can be filled out by you or your guardian. You cannot be married or get married while the application is being processed, otherwise it will be denied. Once you qualify for SIJS, your parents will not be able to apply for a residence permit in the US through you as a sponsor.
SPECIAL IMMIGRANT JUVINILE STATUS F.A.Q.
WHO IS ELIGIBLE FOR A SPECIAL IMMIGRANT JUVENILE STATUS?
To be eligible for the SIJS status, the applicant must be:
- Under 21 years old and not married.
- Living within the United States.
- Have a court order stating that the minor is either dependent on the court, in the custody of a state agency, or an individual or entity appointed by the court.
- The petitioner cannot be reunified with his or her parents.
IN WHAT LIVING CONDITIONS SHOULD AN SIJS APPLICANT BE?
- Within the welfare system
- In the custody of a federal agency due to their undocumented status.
- Living with a foster family.
- Living with the non-abusive custodial parent.
Are there SIJS eligibility exceptions?
If the minor is adopted or placed in a permanent guardianship, or aged out of the juvenile court’s jurisdiction, they can be considered exceptions. This means the applicant can proceed without having to prove a court order under the jurisdiction of the juvenile court.
How To Apply for a Special Immigrant Juvenile Status?
You will have to file an I-360 form, which can be filled out by you or your guardian. You cannot be married or get married while the application is being processed, otherwise it will be denied. Once you qualify for SIJS, your parents will not be able to apply for a residence permit in the US through you as a sponsor. If you are ready to apply, or have any questions, call our office for a confidential consultation.
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An Immigration Lawyer BY YOUR SIDE MAKES IT EASIER TO COMPLY WITH ALL REQUIREMENTS AND AVOID UNNECESSARY MISTAKES.
Our dedicated team is experienced in DEALING WITH DIFFERENT IMMIGRATION SITUATIONS. CONTACT US TO EVALUATE YOUR CASE.
CONTACT IMMIGRATION Attorney Alice Antonovskyfor:
• Waivers
• Naturalization Application and Appeals
• US Citizenship
• Adjustment of Status
• Help completing forms
• Immigrant Visas
• Marriage Based Immigration
• Marrying Outside the US
• Temporary protected Status
Key Facts About the I601-A Waiver
- Based on the I-601A applications received or adjudicated from March 4 – September 14, 2013, the National Benefits Center NBC has issued the following decisions: 3,497 approvals (59%) and 2,292 denials (39%).
- According to some statistic provided by USCIS, The total number of I-601A forms issued since the program started in 2013 (over the course of 1 year and 11 months) was 62,973.
- USCIS announced of the new unlawful presence waiver (I-601A), which took effect on March 4, 2013.
Go to our Immigration Resource Center
3 Things You Need to Know about THE I601-A WAIVER
01
UNDER THE NEW LAW, YOU CAN FILL OUT THE APPLICATION in the United States eliminating the risk of not being allowed to return.
02
THE INTERVIEWS ARE STILL SCHEDULED ABROAD, but you are only required to exit the country for a short period of time.
03
YOU MUST PROVE THAT YOUR QUALIFIED RELATIVE will suffer extreme hardship if the three or ten year bar is imposed. Various types or hardships are considered, including financial, physical, medical, emotional and others.
RESOURCES
Everything You Need to Know About the Deportation Process
How to Determine Your Immigration Status
Immigrants in the US: Who Are They?
Adriana Sanchez
As an illegal immigrant, I hired Alice Antonovsky to help me fix my migratory situation. I had followed some bad advice in the past and really wanted to come clean with immigration authorities. Ms. Antonovsky was very helpful and helped me understand there was still a chance for my family to stay together. Thank you!
Pat Rajender
I escaped a violent past from a very unstable family a few years ago. Coming to the United States was my survival option. Being here, I met people who helped me out in different ways. They advised me to get a professional assessment on my immigration situation. Luckily, I went to Alice for help and she did not disappoint. I can absolutely recommend her legal services.
José Hernandez
I contacted Alice Antonovsky when I needed help understanding my migratory status. She helped me find the most suitable program to apply for and I am now a legal permanent resident. Thank you for your help!
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