Special Immigrant Juvenile Status is a humanitarian immigration benefit for children in the United States who have been abandoned, abused, or neglected by one or both parents. It provides a pathway to lawful permanent residency, allowing eligible children to stay in the U.S. and gain protection from deportation.
Gagliano Law, PLLC assists children and their guardians with the SIJS application process, ensuring compliance with U.S. immigration laws.
What is SIJS?
SIJS is a federal immigration status that allows certain undocumented children in the U.S. to apply for a green card if they have been placed under the care of a state juvenile court due to abuse, neglect, or abandonment. It is designed to protect vulnerable children who cannot reunite with one or both parents, provide a legal path to permanent residency, and offer protection from deportation.
Who qualifies for SIJS?
- Under 21 years old at the time of filing Form I-360
- Unmarried. The applicant cannot be married. If previously married, they must be divorced or widowed
- Declared dependent by a juvenile court. A state juvenile or family court must issue a dependency order stating that the child has been abandoned, abused, or neglected by one or both parents, and that it is not in the child’s best interest to return to their home country
- Cannot be reunited with one or both parents. The court must determine that reunification with at least one parent is not viable due to mistreatment
- Living in the U.S. SIJS applicants must be physically present in the U.S. at the time of filing
Who can file for SIJS
- Minors in foster care, guardianship, or custody of a relative
- Unaccompanied children who entered the U.S. alone
- Children living with one parent if the other parent abandoned or abused them
The SIJS application process
- Obtain a state court order. A juvenile or family court must issue a special findings order
- File Form I-360, Petition for Special Immigrant Juvenile Status, with USCIS. No application fee is required for SIJS petitions
- Wait for SIJS approval. Once approved, the child receives Special Immigrant Juvenile classification
- Apply for a green card through Form I-485. Once an SIJS visa becomes available, the applicant can file for a green card. If a visa backlog exists, the applicant must wait for availability based on their priority date
- Receive a green card. If approved, the child becomes a lawful permanent resident and can later apply for U.S. citizenship after five years
SIJS benefits
- Pathway to lawful permanent residency
- Work authorization eligibility while waiting for a green card
- Protection from deportation
- Access to certain public benefits, depending on state laws
- Eligibility to apply for U.S. citizenship after five years of permanent residency
Important SIJS restrictions
- No family-based sponsorship. SIJS recipients cannot sponsor their parents for a green card in the future
- Visa backlogs for certain countries. Applicants from some countries may face delays due to visa limitations
Alternatives if SIJS is not approved
- Asylum, for those fearing persecution in their home country
- U visa, for victims of crime including domestic violence
- Family-based sponsorship, if another relative can petition for them
Frequently asked questions
Can I apply for SIJS if I am over 18?
It depends on state law. Some states allow SIJS petitions up to age 21, while others limit eligibility to minors under 18.
Can I apply for SIJS if I live with one parent?
Yes, as long as the other parent has abandoned, abused, or neglected the child and a state court issues a qualifying order.
Do I need a lawyer to apply for SIJS?
While not required, working with an immigration attorney can help ensure the court order and petition meet USCIS requirements.
Can SIJS applicants work in the U.S.?
Yes. Once an SIJS applicant applies for a green card, they can also apply for work authorization.
Can SIJS be denied?
Yes. SIJS may be denied if the juvenile court order lacks required findings, the applicant turns 21 before approval, or there is insufficient evidence of abuse, neglect, or abandonment.
For guidance on Special Immigrant Juvenile Status, Gagliano Law, PLLC helps minors and guardians. Contact us to discuss your options confidentially.
