If USCIS approved a special immigrant juvenile visa petition (SIJS), should I go back to court?

In my Consulta Migratoria® column this week I answer a question from a reader who has a case pending in immigration court. 

Each case is different and the answers vary depending on each person's immigration history.

Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.

I am Guatemalan and immigration recently approved my I-360 form for a Special Immigrant Juvenile Visa. Does this mean that I no longer have any pending immigration courts? -Antonio M.

Antonio, the approval of your request for the special immigrant juvenile status (SIJS) does not automatically cancel your immigration court proceedings. You must continue to attend your immigration hearings.

I am pleased that the U.S. Citizenship and Immigration Services (USCIS) approved your petition and granted you Special Immigrant Juvenile Status. 

Your case is being processed under the EB-4 (Certain Special Immigrants) category and you must wait for an immigrant visa to apply for permanent residence in the United States.

According to the February 2020 Visa BulletinIf your petition was filed with USCIS before July 1, 2016, there are immigrant visas available for the EB-4 category for Guatemalan cases that were filed before July 1, 2016. If your petition was filed with USCIS before this date, you may be able to immediately file an application for adjustment of status. If approved, it would grant you permanent residency in the United States.

The application for adjustment of status can be processed by the immigration court or the local USCIS office. If you want to file with USCIS, you must close your case in immigration court before filing the application for adjustment of status. 

The court may close your case only if USCIS granted you special immigrant juvenile status and an immigrant visa is available for your case.

Please continue to go to your immigration court hearings and hire an immigration attorney who has U.S. license and experience to help you with your immigration procedures.

For more information and immigration tips, visit my website at Immigration Today

Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions. 

Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Los Angeles Neighborhood Council. For information on how to consult with Dr. Castillo, click here. click here.

The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.