Special Immigrant Juvenile Status (SIJS): A Path to Safety for Immigrant Children

Many immigrant children in the United States arrive after experiencing abuse, neglect, or abandonment by one or both parents. In these situations, U.S. immigration law provides a special form of protection called Special Immigrant Juvenile Status (SIJS).

SIJS can allow certain immigrant children to apply for lawful permanent residence, also known as a green card, if they meet specific requirements and receive findings from a state court.

What Is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status is an immigration classification created by Congress to protect vulnerable children who cannot safely reunify with one or both parents due to abuse, neglect, abandonment, or similar circumstances.

SIJS is designed for children who have been placed under the jurisdiction of a state juvenile or family court. The court must make certain findings about the child's situation before the child can apply to the federal government for immigration protection.

Once SIJS is approved, the child may be eligible to apply for permanent residency in the United States.

Official USCIS information about SIJS is available here:
https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fourth-preference-eb-4/special-immigrant-juveniles

Who May Qualify for SIJS?

To qualify for SIJS, a child must generally meet the following criteria:

• The child must be under 21 years old at the time of filing the SIJS petition.
• The child must be unmarried.
• A state court must issue an order that finds the child has been abused, neglected, or abandoned by one or both parents.
• The court must determine that it is not in the child's best interest to return to their country of origin.
• The child must be physically present in the United States.

Because SIJS requires both state court findings and federal immigration approval, these cases often involve coordination between family law and immigration law.

The Role of State Courts

A key step in an SIJS case is obtaining an order from a state court. This may occur in:

• Family court
• Probate court
• Juvenile court
• Guardianship proceedings

The judge must make specific findings about the child's circumstances, including whether reunification with a parent is possible and whether returning to the child's home country would be unsafe.

After the court issues the order, the child can submit an SIJS petition to U.S. Citizenship and Immigration Services (USCIS).

What Happens After SIJS Is Approved?

Once USCIS approves the SIJS petition, the child may apply for lawful permanent residence.

However, some countries currently have visa backlogs for SIJS applicants. This means children may need to wait until a visa becomes available before receiving a green card.

During that waiting period, the child may still qualify for work authorization and protection from removal in many cases.

Visa bulletin information is available here:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Important Limitations of SIJS

SIJS provides significant protection, but there are a few important limitations.

A child who obtains SIJS generally cannot petition for the parent who abused, neglected, or abandoned them.

SIJS also requires careful legal coordination between immigration filings and state court proceedings. Mistakes in the court order can cause immigration petitions to be denied.

How an Immigration Attorney Can Help

SIJS cases involve both state family law procedures and federal immigration law, which makes them complex.

An immigration attorney can help with:

• Preparing SIJS petitions
• Coordinating with family court proceedings
• Ensuring the court order includes required findings
• Filing adjustment of status applications for permanent residence

Legal guidance can help ensure that the child receives the protection available under U.S. law.

If you believe a child may qualify for Special Immigrant Juvenile Status, speaking with an immigration attorney can help you understand the available options.