Understanding Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) is a pathway to lawful permanent residency (a green card) for children in the United States who have been abused, abandoned, or neglected by one or both parents. This humanitarian protection helps vulnerable minors remain safely in the U.S. and eventually apply for lawful permanent residence.
SIJS is available only to certain children who meet specific eligibility requirements and who receive a qualifying order from a state juvenile court. It is not a general immigration solution and requires careful coordination between family law and immigration procedures.
The SIJS Process
1
Obtain a Juvenile Court Order
The SIJS process begins with a state court finding that the child has been abused, abandoned, or neglected by one or both parents. The court must also find that it is not in the child’s best interest to return to their home country. — This type of court order is often obtained through: Juvenile dependency or child welfare proceedings, custody proceedings in family court, or guardianship cases, often in probate court. — The court’s findings, sometimes referred to as “special findings” or a “predicate order,” must be detailed and fact-based. The process may include testimony, background checks, home visits, and input from a court-appointed Guardian ad Litem (GAL). The child or the child’s representative must provide as much supporting evidence as possible, such as birth certificates, medical records, affidavits, or reports from teachers and social workers.
2
File Form I-360 with USCIS
Once a qualifying court order is in hand, the child may file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). This petition must be submitted before the child turns 21 and while the court order is still in effect. — There is no filing fee for the I-360 petition. Children age 14 or older must sign the form themselves; younger children may have a parent or guardian sign on their behalf. Supporting documents include the court order and proof of the child’s age and identity. — USCIS must review the petition and make a decision within 180 days. They may request additional evidence (a Request for Evidence, or RFE), but generally must accept the findings of the state court unless there’s evidence the order was obtained solely to gain immigration status.
3
Wait for a Visa Availability (Priority Date)
After USCIS approves the I-360 petition, the child must wait for their “priority date” to become current under the EB-4 (special immigrant) visa category. This category can have backlogs, which may result in a waiting period before the child can apply for permanent residency. — In the meantime, children with approved I-360s may qualify for deferred action, which protects against deportation and allows the child to apply for a work permit (Form I-765, category (c)(14)). This policy is subject to change, and it’s important to check the most recent USCIS guidance or speak with an attorney.
4
Apply for a Green Card (Adjustment of Status)
Once the priority date is current, the child can apply for lawful permanent residence by filing Form I-485, Application to Adjust Status. There is no fee for SIJS-based adjustment of status applications as of April 2024. — Applicants must show that they are not inadmissible to the U.S. or qualify for a waiver of any inadmissibility grounds. Approval is not automatic—USCIS must determine whether to grant permanent residency as a matter of discretion.
Consult with an Immigration Attorney
The Special Immigrant Juvenile Status (SIJS) process is complex and can vary significantly based on each child’s unique circumstances, including the type of court involvement, the state laws, and evolving immigration policies. This overview is intended for general informational purposes only and should not be considered legal advice.
Each case is different, and even minor differences in a child’s history or legal situation can impact eligibility or the outcome of the application. For that reason, it is essential to consult with a qualified immigration attorney who can evaluate your specific case, guide you through the necessary court proceedings, and assist with the preparation and filing of immigration petitions.
If you believe a child may qualify for SIJS or have questions about your immigration options, we encourage you to contact our office for a confidential consultation. An experienced immigration attorney can help you understand your rights and take the next steps toward a safer and more stable future.
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