Special Immigrant Juvenile Status — or SJS for short — is an immigration benefit designed for undocumented children under 21 who have been abused, abandoned, or neglected by one or both parents. SIJS offers these young people a way to apply for lawful permanent residency (a green card) and protects them from deportation. It’s a critical legal lifeline for children who cannot safely return to their home countries and who need long-term stability in the U.S. as a deportation lawyer can attest.
Who Is Eligible?
To qualify for SIJS, a child must meet several key requirements as our friends at Bolour / Carl Immigration Group, APC can share:
- Be under 21 years old (note: some state courts require filing before age 18)
- Be unmarried
- Have a valid juvenile court order showing:
- The child was abused, abandoned, or neglected by one or both parents
- It is not in the child’s best interest to return to their country of origin
- Be dependent on the court or placed under the custody of a state agency, guardian, or appointed individual
Importantly, SIJS only protects the child — it does not provide any immigration benefits to the parents. If you are unsure how this can apply to your specific situation, it is best to contact a lawyer near you for help.
What Are The Benefits?
Children who obtain SIJS can gain the following benefits:
- Gain protection from deportation
- Can apply for adjustment of status to become lawful permanent residents (green card holders)
- Become eligible for work authorization once they apply for adjustment
- Begin a path toward eventual U.S. citizenship
This is not a comprehensive list; a lawyer can give you more in-depth details.
How Does The Process Work?
- Juvenile Court Order
The child or their guardian must first obtain a qualifying order from a state juvenile or family court. This order establishes the findings of abuse, abandonment, or neglect and confirms it’s not in the child’s best interest to return to their home country. - Immigration Petition (Form I-360)
With the court order in hand, the child or their representative files Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. - Green Card Application (Form I-485)
Once the I-360 is approved and a visa is available, the child can apply for lawful permanent residence (green card) by filing Form I-485.
This paperwork may appear simple, but even the smallest mistake can derail this process for your family and your children. It is best to work with an attorney who can double check everything for you.
Why Legal Guidance Matters
The SIJS process is complex, requiring careful coordination between family law and immigration law. Deadlines, eligibility rules, and documentation requirements can vary by state, and mistakes can result in delays or denials.
That is why, if you are considering filing for Special Immigrant Juvenile Status for your child, you should contact an attorney near you. They stay up-to-date with the changing laws and can ensure the paperwork is properly filed. Reach out to a lawyer near you immediately for help with this entire process to get the status you want for your child.