Special Immigrant Juvenile Status (SIJS)

Helping Vulnerable Children Obtain Legal Protection and U.S. Permanent Residency

Special Immigrant Juvenile Status (SIJS) 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 (a green card), allowing eligible children to stay in the U.S. and gain protection from deportation.

Gagliano Law, PLLC, assists children and their guardians in navigating the SIJS application process, ensuring compliance with U.S. immigration laws and helping minors obtain legal status in the United States.

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
• Offer protection from deportation

Who Qualifies for SIJS?

To be eligible for SIJS, an applicant must meet all of the following criteria:

1. Under 21 Years Old
   • The applicant must be under 21 at the time of filing Form I-360 (SIJS Petition).
2. Unmarried
   • The applicant cannot be married (if previously married, they must be divorced or widowed).
3. 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.
     • It is not in the child’s best interest to return to their home country.
4. 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.
5. 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

1. Obtain a State Court Order

• A juvenile or family court must issue a special findings order stating that:
  • The child was abused, abandoned, or neglected
  • Reunification with one or both parents is not possible
  • It is not in the child’s best interest to return to their home country

2. File Form I-360 (Petition for Special Immigrant Juvenile Status)

• This petition is filed with U.S. Citizenship and Immigration Services (USCIS).
• No application fee is required for SIJS petitions.

3. Wait for SIJS Approval

• Processing time varies but typically takes 6-24 months.
• Once approved, the child receives Special Immigrant Juvenile (SIJ) classification.

4. Apply for a Green Card (Form I-485, Adjustment of Status)

• Once an SIJS visa becomes available, the applicant can file Form I-485 for a green card.
• If a visa backlog exists, the applicant must wait for availability based on their priority date.

5. 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 U.S. lawful permanent residency (green card)
• Work authorization (EAD) 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 Mexico, Guatemala, El Salvador, and Honduras may face delays due to visa limitations.

SIJS Processing Time

• Juvenile Court Order: Varies by state (typically a few months)
• Form I-360 Approval: 6-24 months
• Green Card Application (I-485): 8-14 months (subject to visa availability)

Transitioning from SIJS to U.S. Citizenship

SIJS green card holders can apply for U.S. citizenship after five years of permanent residency, provided they meet residency and physical presence requirements.