Immigrant children who have been abused, abandoned, or neglected often face unimaginable challenges—both emotionally and legally. The U.S. immigration system offers a powerful but often misunderstood remedy: the Special Immigrant Juvenile Status (SIJS) visa. This humanitarian option provides vulnerable children with a pathway to lawful permanent residency, commonly referred to as a green card. While SIJS does not fall under traditional family-based immigration, it is deeply connected to family stability, protection, and reunification.
This blog post will explain what SIJS is, who qualifies, and how to apply, with the goal of helping families, guardians, and service providers understand this life-changing immigration procedure.
Who Is Eligible for SIJS?
Special Immigrant Juvenile Status is available to certain minors under the age of 21 who are living in the United States and meet the following criteria:
- The child is unmarried
- They have been declared dependent on a juvenile court or placed in the custody of a state agency or an individual
- The court finds that reunification with one or both parents is not viable due to abuse, abandonment, or neglect
- It is not in the best interest of the child to return to their country of origin
The SIJS process involves both immigration authorities and family or juvenile courts. Because of this, it can be legally intricate and emotionally sensitive. However, with proper legal guidance, children can gain permanent protection and begin building a secure future in the United States.
Understanding the Application Process:
There are several phases in applying for SIJS, and timing is critical. These cases require coordination between family law courts and U.S. Citizenship and Immigration Services (USCIS).
Here’s how the process typically unfolds:
- Obtain a State Court Order:
The child must be placed under the custody or guardianship of a court-approved adult, or be declared dependent by a juvenile court. This order must also include findings of abuse, abandonment, or neglect, and a determination that returning to their home country is not in the child’s best interest. - File Form I-360 with USCIS:
This petition requests Special Immigrant Juvenile classification. It must be accompanied by the court order and other supporting documents. - Await I-360 Approval:
If USCIS approves the petition, the child gains SIJ classification, but not lawful permanent residency yet.
File Form I-485 (Application for a Green Card):
Once a visa becomes available based on the child’s country of origin, they can apply for adjustment of status. - Attend Interview and Receive Green Card:
In some cases, a USCIS interview will be required before the green card is granted.
What to Know About SIJS and Family Petitions:
One unique aspect of SIJS is that while it provides a green card pathway for the child, it does not allow the child to petition for their parents in the future. This restriction aligns with the finding that parental reunification is not viable. Still, it offers critical protection and a lawful way to remain in the United States.
The SIJS process can be life-altering for immigrant children who lack safe family support. If you’re a guardian, caseworker, or family member caring for a child in need of protection, we encourage you to speak with a qualified immigration attorney. Our firm has experience helping young immigrants navigate this sensitive process and pursue a path toward legal stability and peace of mind.