Special Immigrant Juvenile Status (SIJS)

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What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a classification available to certain undocumented children in the United States who have been abused, abandoned, or neglected by one or both parents. This status provides a pathway for these children to obtain lawful permanent residence (a Green Card) in the U.S., giving them a chance for a safe and stable future.

To qualify for SIJS, the child must be:

  1. under 21 years of age

  2. unmarried, and

  3. have a qualifying court order with specific findings.

The Three Steps to Obtain SIJS

Obtaining SIJS involves a three-step process that must be carefully followed to ensure eligibility for permanent residency.

Step 1: Obtain a State Court Order

The first step in the SIJS process is to secure a specific type of court order from the appropriate state court.

This order must:

  • Declare that the child is dependent on the court, or legally placed in the custody of a state agency, individual, or other entity.

  • Determine that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar basis under state law.

  • Conclude that it is not in the child's best interest to return to their home country or their parents' country of nationality.

This court order is critical as it forms the foundation for the SIJS application. It is important to work with an experienced attorney who can guide you through the family court process and ensure that all necessary findings are included in the order.

Step 2: File Form I-360 with USCIS

Once the state court order is obtained, the next step is to file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This petition must include:

  • The family court order obtained in Step 1.

  • Evidence that the child meets all other eligibility criteria for SIJS.

USCIS will review the I-360 petition to determine whether the child qualifies for SIJS. If approved, the child will be classified as a Special Immigrant Juvenile, which is a significant step toward obtaining lawful permanent residence.

Step 3: Apply for Adjustment of Status (Green Card)

The final step in the SIJS process is to apply for adjustment of status to become a lawful permanent resident (LPR) of the U.S.

This is done by filing Form I-485 with USCIS.

To apply for adjustment of status, the child must:

  • Be physically present in the United States

  • Have an approved I-360 petition

  • Be eligible to receive an immigrant visa (this part could require years of waiting)

It is important to get the process started as soon as possible, because submitting the I-360 (Step #2) puts you in the line to be eligible to apply for the immigrant visa (Step #3).

Once the I-485 application is approved, the child will receive a Green Card, granting them lawful permanent resident status. This Green Card provides them with the right to live and work in the United States, and after a certain period, they may be eligible to apply for U.S. citizenship.

Special Immigrant Juvenile Status (SIJS) is a vital pathway for undocumented children who qualify. By following the three-step process, these children can achieve the security and stability they deserve in the United States.