Immigration Benefits Available for Immigrants Affected by Hurricane Isaac

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Isaac of certain U.S. immigration benefits that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status. Eligible individuals may apply for temporary relief measures, including:

               A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

               Extension or re-parole of individuals previously granted parole by USCIS;

               Advance parole, and expedited processing of advance parole applications;

               Expedited adjudication of requests for off-campus employment authorization applications for F-1 students experiencing severe economic hardship;

               Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the spouses and children of lawful permanent residents (LPRs) whose priority dates are current;

               Expedited adjudication of employment authorization applications; and

               Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Special Immigrant Juveniles (SIJ) Status: Part II

Green Card Based on SIJ Status

Once you have met all the eligibility requirements for SIJ status, you need to establish your eligibility for a green card. You may need to file for a waiver in order to get a green card if you have certain ineligibilities (known as “inadmissibilities”).

For example, you might not qualify for a green card if you are (or were):

               A risk to people or property, because of a mental or physical disorder

               A prostitute or pimp

               A drug addict or abuser

               An alien smuggler

However, the law has exceptions. For example, you may receive an exemption if you:

               Now get medical treatment that controls a dangerous mental or physical disorder

               Were forced into prostitution

               Were arrested only once for drugs, and only for 30 grams or less of marijuana

               Had smuggled only your parents or brothers/sisters into the United States

In addition, many of the reasons other green card applicants do not qualify might NOT apply to you as an SIJ, such as if you:

               Cannot financially support yourself

               Are unlawfully present in the United States

               Entered the United States by hiding on a boat, airplane, or other transport (as a stowaway)

               Do not have a proper visa or passport

USCIS can waive most other disqualifying grounds if you show a good reason for a waiver, such as:

               Humanitarian concerns or in the public interest.

Special Immigrant Juveniles (SIJ) Status: Part I

The purpose of the SIJ program is to help foreign children in the United States who have been abused, abandoned, or neglected.

               Certain children who are unable to be reunited with a parent can get a green card as a SIJ

               Children who get a green card through the SIJ program can live and work permanently in the United States

Important!

If you	Then you
Get your green card through the SIJ program	Can never petition for a green card for your parents
	Cannot petition for a green card for your brothers and sisters until you become a U.S. citizen

Eligibility Status for SIJ

To petition for SIJ you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called "juvenile court", "family court", "orphan’s court", or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children.

Actions State Court Must Take

A state court in the United States must decide:

               To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and

               It is not in your best interests to return to your home country (or the country you last lived in) and

               You cannot be reunited with a parent because of ANY of the following:

                       Abuse

                       Abandonment

                       Neglect

                       Similar reason under state law

Eligibility Requirements

To be eligible for SIJ status:

               You must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

               Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own

               You cannot be married, both when you file your application and when USCIS makes a decision on your application

                       “Not married” includes a child whose marriage ended because of:

                               Annulment

                               Divorce

                               Death

               You must be inside the United States at the time of filing the Form I-360

If you are in the legal custody of the U.S. Department of Health and Human Services (HHS):

               You must request permission from HHS for the court to legally place you somewhere else

               You do not need to request permission from HHS if the state court does not place you somewhere else.

Green Cards Through a Job

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.

The main ways to immigrate based on a job offer or employment are listed below.

Green Card Through a Job Offer
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Investment
Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.

Green Card Through Self Petition
Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs
There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA):

               Afghan/Iraqi Translator

               Broadcaster

               International Organization Employee

               Iraqi Who Assisted the U.S. Government

               NATO-6 Nonimmigrant

               Panama Canal Employee

               Physician National Interest Waiver

               Religious Worker

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.

Green Card for a Family Member of a U.S. Citizen

U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters.

“Immediate relatives” of a U.S. citizen, defined as one’s spouse, unmarried children under the age of 21, and parents, always have a visa number immediately available.

If your relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.” Eligible relatives include:

               Unmarried sons or daughters over the age of 21

               Married child(ren) of any age

               Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

               Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative.

               Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident.

Get a Green Card While Outside the United States

If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when the U.S. Department of State works to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. 

Things to keep in mind:

               The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you.

               Getting Married. If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, then you no longer qualify as an “Unmarried Son or Daughter of a U.S. Citizen” and will convert to the category of “Married Son or Daughter of a U.S. Citizen.” This change in categories may result in a significant delay in your immigrant visa becoming available.