In 1990, Congress created the juvenile special immigrant category. To be eligible for a green card in this category, the person must be under 21 and be unmarried, have been declared a ward of a US court which has ruled that the child is eligible for long-term foster care or has placed the child in the custody of a state agency. Also, there must be a determination, reached through administrative or judicial proceedings, that it would not be in the child’s best interests to be returned to their home country. The decision reached by a court regarding the child is final and binding on the USCIS.

What exemptions are provided for Special Immigrant Juveniles?

Special immigrant juveniles are exempted from many grounds of deportation. Among these are:

· Entry without inspection

· Inadmissibility at the time of entry, except when it is based on criminal convictions, drug violations, national security grounds and participation in Nazi activities

· Failure to maintain valid nonimmigrant status

· Working without authorization

· Prostitution

How are applications for Special Immigrant Juveniles filed?

Applications for special immigrant juveniles are made on Form I-360. The child can file for himself or herself, or a person acting on behalf of the child may file. The application is filed with the INS local office with jurisdiction over the child. An application for adjustment of status can be filed with the application to be classified as a special immigrant juvenile.

A child who receives permanent residency through the special juvenile immigrant category cannot petition for residency for their natural or adoptive parents.

About The Author

Gregory Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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