Immigrants who are under 21 years old and have been abused, abandoned, or neglected by one or both of their parents may qualify for Special Immigrant Juvenile Status in the U.S., also known as a “youth visa”. Special Immigration Juvenile Status provides an immigrant youth with deferred action and work authorization and provides them with a pathway to apply for lawful permanent residency.
The youth visa process starts in Oregon’s family law or probate courts, where eligible youth must ask a judge to find that it is not in their best interest to be reunited with one or both of their parents because of abuse, abandonment, or neglect. In the same proceedings, the youth must ask the judge to appoint a guardian who agrees to care for the youth here in the U.S. Usually, the guardian is a family member or close friend who the youth has been caring for the youth. In 2021, the Oregon Legislature created a new type of guardianship specifically for immigrant youth between the ages of 18 and 21. It is called a Vulnerable Youth Guardianship, and it is specifically aimed and providing access to guardianships for youth between 18 and 21, who are eligible for the youth visa but were previously not eligible for a guardianship in the Oregon State Courts.
Now, youth between 18 and 21 who have aged out of Oregon’s family law courts can pursue the Vulnerable Youth Guardianship through Oregon’s probate courts and then submit a youth visa petition, allowing them to remain in the U.S., work lawfully, and apply for permanent residency in the future.
The attorneys at Bennett & Harker are licensed to practice in Oregon’s family law and probate courts, and are experienced in helping youth apply for youth visas in the U.S. If you’re under 21 and living in the U.S. without one or both of your parents, you may qualify for Special Immigrant Juvenile Status. Contact us for more information!
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