SIJ

Special Immigrant Juvenile Status (SIJS): Immigration Protection for Abused, Abandoned, and Neglected Youth

Every year, thousands of children arrive in the United States alone – or are left here without the care of a parent. Many of these youth have suffered abuse, abandonment, or neglect in their home countries. For these vulnerable young people, U.S. immigration law offers a unique form of protection: Special Immigrant Juvenile Status (SIJS).

SIJS provides a pathway to lawful permanent residency (a Green Card) for certain undocumented immigrant children who have been declared dependent on a juvenile court. This classification can protect eligible youth from deportation and offer a path to long-term stability and safety. It is one of the most compassionate forms of relief available in U.S. immigration law, offering not only protection but also hope and opportunity.

This guide explains the history, eligibility requirements, benefits, and application process for SIJS – so you can understand how this humanitarian remedy works and how a qualified immigration attorney can help.

What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status is an immigration classification that allows certain undocumented children to apply for lawful permanent residency in the United States. SIJS was established by Congress in 1990 and expanded through subsequent laws, including the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008.

The purpose of SIJS is to protect immigrant youth who have been:

• Abused.

• Abandoned.

• Neglected.

• Or otherwise deprived of parental care.

These children must be unable to reunify with one or both parents and must be declared dependent on a state juvenile court. These determinations are based on the child’s specific life circumstances and are rooted in findings by a state court, not immigration authorities.

SIJS is an employment-based fourth preference (EB-4) immigrant visa category. However, it differs from traditional employment-based visas in that no job offer or labor certification is required. It is designed entirely as a humanitarian form of relief to safeguard the best interests of immigrant children.

Who Qualifies for SIJS?

To qualify for SIJS, an applicant must meet all of the following conditions:

• Be under the age of 21 at the time of filing Form I-360.

• Be unmarried.

• Physically present in the United States.

• Have a valid juvenile court order stating:

• • The child has been abused, abandoned, or neglected by one or both parents.

• • Reunification with the offending parent is not viable due to the abuse/neglect/abandonment.

• • Returning to their country of nationality or last habitual residence is not in the child’s best interest.

• Obtain the consent of USCIS that the SIJS classification was sought primarily to gain protection from abuse or neglect, not solely for immigration benefits.

These criteria are narrowly tailored to ensure that only genuinely vulnerable children receive protection. The process is designed to recognize and respond to these young people’s unique challenges.

SIJS applicants are not required to show financial self-sufficiency or pass a public charge test. Additionally, many grounds of inadmissibility can be waived.

The Role of the Juvenile Court

The juvenile court plays a crucial role in the SIJS process. It is the state court – not immigration authorities – that makes the required findings regarding the child’s circumstances. These findings must be included in a formal juvenile court order.

The juvenile court must determine that:

• The child has been declared dependent on the court or placed in the custody of a state agency, guardian, or other individual.

• Reunification with one or both parents is not viable due to abuse, neglect, or abandonment.

• Returning to their home country is not in the child’s best interest.

This court process must be based on state law, and timing is critical. Depending on your state, courts may lose jurisdiction when a child turns 18, so acting quickly is essential.

If you are working with a social services agency or legal guardian, they can often help coordinate with the juvenile court. But, immigration counsel will ensure that the findings meet the specific SIJS requirements.

Benefits of SIJS

Applying for and receiving SIJS offers significant legal protections and immigration benefits:

• Protection from deportation.

• Eligibility to apply for a Green Card (lawful permanent residency).

• No requirement for a financial sponsor or affidavit of support.

• Eligibility for work authorization.

• Waiver of many grounds of inadmissibility (such as entry without inspection or certain immigration violations).

• Pathway to U.S. citizenship after five years of permanent residency.

These benefits make SIJS one of the most powerful forms of immigration relief for children in vulnerable situations. It not only addresses their legal status but helps create long-term stability.

It’s important to note that once a child receives SIJS, they cannot sponsor either parent for immigration benefits – even if only one parent was responsible for the abuse or neglect. This restriction protects the integrity of the process and reinforces its humanitarian intent.

Step-by-Step SIJS Process

Step 1: Juvenile Court Order

The first step in the SIJS process is obtaining a qualifying juvenile court order. This order must be issued before the applicant turns 21 and must include all required findings.

The court may include family courts, probate courts, or dependency courts depending on state law. Working with an attorney ensures that the findings are properly stated and that the court has jurisdiction.

You should collect as much documentation as possible regarding your family history and circumstances, as judges often require supporting evidence of the abuse, abandonment, or neglect.

Step 2: File Form I-360

With the juvenile court order in hand, the applicant can file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS.

• There is no fee to file Form I-360.

• Supporting documents include the juvenile court order, proof of age, and other evidence of eligibility.

Approval of the I-360 does not grant a Green Card but makes the child eligible to apply once a visa becomes available. This step is foundational and must be handled with care, especially for applicants facing removal proceedings.

Step 3: Visa Bulletin and Priority Date

SIJS applicants fall under the EB-4 visa category, which is subject to annual limits. This means that visa availability can vary depending on the applicant’s country of origin.

Countries like Mexico, Honduras, El Salvador, and Guatemala often face visa backlogs. It’s essential to monitor the monthly Visa Bulletin published by the U.S. Department of State.

While waiting for the visa to become available, applicants should stay in contact with their attorney and avoid actions that could jeopardize their eligibility, such as criminal charges or missing immigration appointments.

Step 4: File Form I-485 (Adjustment of Status)

Once a visa is available, the applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status to obtain a Green Card.

• Applicants may also file Form I-765 (work authorization) and Form I-131 (advance parole).

• A medical exam (Form I-693) must be included.

• Fee waivers may be available by filing Form I-912.

Adjustment of status gives the child lawful permanent resident status. From there, the path to citizenship begins. Applicants should keep copies of all forms and confirmation notices, as these documents will be useful in future immigration filings.

Challenges and Delays in the SIJS Process

Despite its humanitarian intent, the SIJS process can be complex and filled with delays:

• Age-out concerns: Applicants must obtain court orders before age 21 (or younger in some states).

• Visa backlogs: Applicants from certain countries may wait years before a visa becomes available.

• Legal complexities: Coordination between juvenile court and immigration authorities can be difficult.

• Inconsistent court rulings: State judges may lack experience with SIJS and make incomplete findings.

Applicants may also face procedural denials for technical reasons – such as outdated court orders or missing forms. These mistakes can be avoided with proper legal guidance.

SIJS Compared to Other Immigration Options

For young immigrants who qualify, Special Immigrant Juvenile Status (SIJS) is often the most streamlined and protective legal remedy available. It provides a direct path to lawful permanent residency without requiring a sponsor, and many grounds of inadmissibility can be waived. While other immigration options also offer protection, they typically involve longer wait times or more complex eligibility requirements.

Here’s how SIJS stacks up against Asylum, U Visa, and DACA:

SIJS

• Available only to youth under 21 who have been abused, abandoned, or neglected.

• Requires a state juvenile court order.

• Leads to a Green Card and eventually citizenship.

• Offers deportation protection.

• Does not allow sponsorship of parents.

Asylum

• Based on a fear of persecution due to race, religion, nationality, political opinion, or social group.

• No age limit.

• Can lead to a Green Card and citizenship.

• May eventually allow sponsorship of family members.

• No juvenile court order required.

U Visa

• For victims of certain crimes who help law enforcement.

• No age limit, but limited number of visas available annually.

• Path to a Green Card after holding U Visa status for three years.

• Does not allow parental sponsorship.

• Requires evidence of helpfulness to a criminal investigation.

DACA (Deferred Action for Childhood Arrivals)

• Available to individuals who arrived in the U.S. as children before June 15, 2007.

• Offers temporary deportation protection and work authorization.

• Does not provide a path to permanent residency or citizenship.

• No court findings or visa eligibility involved.

• Eligibility may be affected by ongoing litigation.

Each of these options serves a different purpose. SIJS is uniquely designed for youth who cannot reunify with one or both parents due to abuse or neglect and need legal protection to remain in the U.S. safely. If a juvenile court has made findings in your favor, SIJS is often the clearest and most secure route to lawful status.

2022 SIJS Final Rule: Key Clarifications

In March 2022, the U.S. Department of Homeland Security issued a final rule that made several important changes to the SIJS process:

• USCIS may consent to SIJS classification even if the juvenile court no longer has jurisdiction, as long as the order was valid at the time of issuance.

• SIJS applicants under 21 benefit from certain inadmissibility waivers.

• USCIS must adjudicate SIJS petitions based on a child welfare lens, not technical immigration barriers.

These updates ensure that SIJS remains a viable form of relief for the children it was designed to protect. They also reinforce the principle that children should not be penalized by procedural technicalities.

What Happens After Receiving a Green Card Through SIJS?

Once an SIJS applicant becomes a lawful permanent resident (Green Card holder), they are eligible to:

• Work and live in the U.S. permanently.

• Apply for a Social Security number and access benefits (depending on the state).

• Travel internationally (with some restrictions).

• Apply for U.S. citizenship after five years.

A Green Card provides a sense of permanence and legal security, allowing youth to plan their futures without fear. But it’s important to maintain permanent resident status by avoiding certain crimes, filing taxes, and not abandoning your U.S. residence.

In some cases, SIJS recipients may also qualify for additional state-level benefits, including in-state tuition, healthcare coverage, and housing support. Ask your attorney about eligibility in your specific state.

How Can an Immigration Attorney Help?