U.S. Immigration Options for Children

U.S. Immigration Law offers various paths for staying in the United States that are unique to children. While this article explores just a few of these child-specific options, please keep in mind that even immigration benefits that weren’t explicitly created for children do take into consideration the age of an applicant and provide special instructions or considerations for minors.

Special Immigrant Juvenile Status

Special Immigrant Juvenile Status (SIJS) is a path to lawful permanent residency, commonly referred to as a “green card,” for children who have been abandoned, abused, or neglected by one or both of their parents and should not be returned to their home country. This process starts by filing a complaint in a state court, typically for custody, guardianship, or dependency of the child that includes a request that the state court judge make factual findings related to SIJS. Some state courts will only consider these cases up until the child turns 18, while other states will accept cases until the child turns 21. It’s important to talk to an attorney licensed in the state where the child lives to determine the maximum age at which the state court will consider this type of case.

After the state court judge makes the necessary SIJS factual findings, the child can apply for SIJS with U.S. Citizenship and Immigration Services (USCIS). When USCIS grants SIJS status, it places the youth on a waitlist to apply for an available green card. In recent years, children and youth who are granted SIJS have also been given protection from deportation and the option to apply for a work permit while they wait for a green card to become available.

While this path to a green card can take years because of the long waitlist, the chances of success for those who qualify are good and the applicable law is less likely to be affected by political changes than many other types of immigration benefits.

VAWA Self-Petition

Unmarried children who have been physically abused or subjected to extreme mental cruelty by their U.S. Citizen or Permanent Resident parent (including adoptive and stepparents in many cases) do not need to rely on their abusive parent to obtain a green card. They are eligible to file a self-petition under the Violence Against Women Act (VAWA) up until age 21 (and under certain circumstances, up until age 25!) and they do not have to show that they have a financial sponsor or that they entered the United States legally, like many other green card applicants. VAWA self-petitioning children are not required to report their parent to any law enforcement agency such as police or child protective services in order to be eligible, and their parent’s immigration status will not be affected by filing the self-petition. This is a good option for children who may have a difficult relationship with a parent but do not want to involve law enforcement.

Derivative status

Many applications for immigration benefits allow the principal applicant to include ‘derivatives’ in their application. In other words, the principal applicant may ask USCIS to give the same status to their spouse and their unmarried children under 21 years of age. This age limit is frequently a hard deadline, which means that if you don’t apply before a child’s 21st birthday, you may permanently lose the ability to transmit derivative status. However, U.S. Immigration law provides exceptions in certain circumstances, so it is always worth consulting with an experienced attorney to find out if an over-21 child may still be included as a derivative.

Central American Minors Program

For minors from Guatemala, El Salvador, and Honduras, the U.S. Department of State maintains a program to facilitate parental reunification in some instances. The Central American Minors program allows certain parents of children from the previously mentioned Central American countries to apply to reunify with their children who are under 21 years old. Approved children may be allowed to enter the United States under special permission (parole) or as a refugee. Parents in the United States who have been granted certain types of legal status or who have had an application for asylum, U visa, or T visa pending since on or before April 11, 2023, can apply for their children through a US refugee resettlement agency. You cannot apply through a private immigration attorney.

The Importance of Accurate Translations

Accurate translation of documents in a child’s immigration case is crucial. Given the strict age limits set for many applications, a typo or misunderstanding about a basic document such as a birth certificate or ID can make a huge difference in case strategy, urgency, and the ultimate success of a child’s application. Read more here.

In cases where a child is very young and can’t provide accurate or detailed verbal testimony, judges and immigration officials must depend more heavily on corroborating documents and the written testimony of witnesses in order to make a decision. In these cases, a document translation is as important and powerful as oral testimony. Every word, phrasing, and even punctuation can be used in an argument to grant or deny a case. For this reason, it is essential to have the most accurate translation possible.