How to Apply for a Visa for a Special Immigrant Juvenile in Oklahoma

How to Apply for a Visa for a Special Immigrant Juvenile in Oklahoma

Applying for a visa as a Special Immigrant Juvenile (SIJ) in Oklahoma can be a complex process, but understanding the steps involved can significantly ease the journey. This guide outlines the necessary steps and requirements for obtaining an SIJ visa in Oklahoma.

1. Understand the Special Immigrant Juvenile Classification

The SIJ status is specifically designed for minors who have been abused, abandoned, or neglected by one or both parents. To qualify, the juvenile must be under 21 years of age and unmarried. It’s crucial to have a state court issue a qualifying order that states the juvenile’s eligibility for SIJ status.

2. Obtain a Court Order

The first step in applying for SIJ status is to file a petition in state court. In Oklahoma, this is typically done in the district court. The court must determine that:

  • The child is dependent on the court due to abuse, neglect, or abandonment.
  • Reunification with one or both parents is not viable.
  • It is not in the best interest of the juvenile to return to their home country.

Once the court issues a Special Immigrant Juvenile Court Order, it should be properly documented and maintained for your USCIS application.

3. Complete the Required Forms

Once you have the court order, you will need to fill out the appropriate forms for the SIJ visa application. The main forms involved are:

  • Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant.
  • Form I-765: Application for Employment Authorization (if you want to work while your application is being processed).

Ensure that all forms are completed accurately and that you include all necessary documentation, including the court order.

4. Gather Supporting Documents

In addition to completing the forms, you will need to gather several supporting documents, including:

  • A copy of the Special Immigrant Juvenile Court Order.
  • Your birth certificate and photo ID.
  • Proof of past residency or any other evidence of abuse, abandonment, or neglect.
  • Evidence showing the child is under 21 years old and unmarried.

All documents should be translated into English if they are in a different language.

5. Submit Your Application

Send your completed Form I-360 along with the supporting documents to the appropriate USCIS service center. Make sure to keep copies of everything for your records. You may consider using certified mail or a reliable courier service for proof of delivery.

6. Attend Biometrics Appointment

If your application is accepted, USCIS will schedule a biometrics appointment. You will receive a notice in the mail indicating where and when this will occur. At this appointment, your fingerprints will be taken for background checks.

7. Await a Decision

After completing the biometrics appointment, all you can do is wait for a decision from USCIS. You can track the status of your application online using the receipt number provided after your application is submitted.

8. Additional Steps After Approval

If your SIJ status is granted, you may then apply for a green card using Form I-485, Application to Register Permanent Residence or Adjust Status. This step is crucial as it provides a pathway to permanent residency in the United States.

Conclusion

Obtaining a Special Immigrant Juvenile visa in Oklahoma involves a series of important steps, from getting a court order to filing the correct forms. Enlisting the help of an immigration attorney can also be beneficial, as they can provide guidance and ensure that all processes are followed correctly. This not only enhances your chances of a successful application but also alleviates concerns during the immigration journey.