Special Immigrant Juvenile Status — commonly referred to as SIJS — is one of the few immigration pathways designed specifically for children. It provides a route to lawful permanent residence for undocumented minors who have been abused, neglected, or abandoned by one or both parents and who cannot safely return to their home country. It is also one of the more procedurally complex pathways in immigration law, because it requires action in two separate legal systems — state family court and federal immigration — before a green card can be issued.
WHO QUALIFIES
SIJS is available to undocumented children who meet a specific set of criteria rooted in child welfare law. The applicant must be under 21 years old and unmarried at the time the I-360 petition is properly filed with USCIS. They must be present in the United States. And they must be the subject of a valid juvenile court order from a state court with jurisdiction over the child's custody, care, or placement.
That court order must make three specific findings: that the child has been abused, neglected, or abandoned by one or both parents; that reunification with one or both parents is not viable as a result; and that it is not in the child's best interest to be returned to their country of origin.
The abuse, neglect, or abandonment does not have to involve both parents. A child who has been abandoned by one parent but has a viable relationship with the other can still qualify.
THE TWO-STAGE PROCESS
Phase one is the state court proceeding. Before any immigration filing can happen, the child must obtain a juvenile court order containing the required SIJS findings. Depending on the state, this may happen in family court, probate court, dependency court, or another court with jurisdiction over the welfare of children. The legal standards applied are child welfare standards — not immigration standards.
Phase two is the federal immigration petition. Once the state court order is in hand, the child files Form I-360 with USCIS. If approved and a visa number is available, the child can then file Form I-485 to adjust status to lawful permanent resident. Because SIJS is an employment-based fourth preference category, it is subject to annual numerical limits, and for some countries of origin there may be a waiting period before a visa number becomes available.
WHY TIMING MATTERS
The child must be under 21 and unmarried at the time the I-360 is properly filed. Many states also require the child to be under 18 to be subject to juvenile court jurisdiction, which means the state court proceeding must begin while the child is still a minor under state law. The window between these two age limits can close faster than families and advocates expect. Early action is almost always better.
WHAT WE HANDLE
- Assessment of SIJS eligibility and coordination with state court counsel
- Preparation and filing of Form I-360 with USCIS
- Adjustment of status applications
- Cases involving visa availability delays
- Cases where prior filings were incomplete or legally insufficient
- Ongoing status management while the case is pending
WORKING WITH GUARDIANS AND FAMILIES
SIJS cases sit at the intersection of state child welfare law and federal immigration law. Every child's situation is different, and the right approach depends on the specific facts. We work with children and their guardians from the initial assessment through the state court proceeding, the federal petition, and adjustment of status.
If you are caring for a child who may qualify for SIJS, or if a case is already in progress and needs a stronger foundation, contact us to discuss the situation in confidence. Contact us
This page provides general information about Special Immigrant Juvenile Status, not legal advice. SIJS law and procedure vary by state and change over time. If you have questions about a specific child's situation, consult with a qualified immigration attorney before taking any action.