Special Immigrant Juvenile Status (SIJS) is a critical immigration pathway for undocumented children and teens in the United States who cannot reunite with one or both parents due to abuse, abandonment, or neglect. SIJS allows these vulnerable minors to seek lawful permanent residence (a green card) and, eventually, U.S. citizenship.
This process is specifically designed for minors who are in the U.S. through no fault of their own, such as children brought to the U.S. at a young age or those who fell out of lawful immigration status.
What is Special Immigrant Juvenile Status (SIJS)?
Special Immigrant Juvenile Status offers protection to minors who:
Have experienced parental abuse, abandonment, or neglect
Are dependent on a juvenile court or state agency
Would face harm or hardship if forced to return to their country of origin
Once SIJS is granted, recipients can apply for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) and eventually pursue U.S. citizenship if they choose.
What Are the Requirements for SIJS?
To qualify for Special Immigrant Juvenile Status, a minor must meet the following criteria:
Age Requirement: Be considered a minor under state law (usually under 18, but up to 21 in some states)
Marital Status: Be unmarried
Parental Reunification: Unable to reunify with one or both parents due to abuse, abandonment, or neglect
Court Dependency: Be dependent on a state court or placed under the custody of a state agency, department, or court-appointed guardian
Best Interest Finding: The court must determine that it is not in the minor’s best interest to return to their home country or their parent’s country of last residence
Note: SIJS applicants must complete the process before aging out (i.e., turning 18 or 21 depending on state law).
How to Apply for Special Immigrant Juvenile Status (SIJS)
Obtaining SIJS involves a two-step process:
Step 1: State Court Proceedings
The first step requires securing a state court order that:
Grants custody of the minor to a suitable caregiver (or sole custody to a parent, if applicable)
Establishes that reunification with the abusive, neglectful, or absent parent is not viable
Declares that returning to the minor’s home country is not in their best interest
Key Tip:Even if one parent remains in the U.S., the minor can still qualify if reunification with either parent is deemed impossible due to abuse, abandonment, or neglect.
Step 2: Immigration Petition
Once the custody order is obtained, the minor must:
File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS
Include the finalized court order and supporting documentation
Await USCIS’s review and approval
Upon approval of the I-360 petition, the minor may move forward with adjusting status to become a lawful permanent resident.
Important Considerations for SIJS Applicants
Timely Filing: SIJS must be filed before the minor “ages out” based on state age limits
Permanent Bar on Family Sponsorship: SIJS recipients cannot later petition for immigration benefits for their parents
Work Authorization: After filing for adjustment of status, minors may also apply for work authorization while their green card application is pending
Conclusion: Protect a Child’s Future Through SIJS
If you are caring for an undocumented minor who has been abused, abandoned, or neglected, Special Immigrant Juvenile Status could be the life-changing solution they need.
Martinez Immigration has extensive experience guiding caregivers, families, and minors through the SIJS and green card process, ensuring that all legal requirements are met quickly and correctly.
