Special Immigrant Juvenile Status

Special Immigrant Juvenile Status, or SIJS, is a protection for children and young people under 21 who live in the United States and cannot reunify with one or both parents because of abuse, abandonment, or neglect. With SIJS, a young person can eventually apply for a green card, even if they entered the country without permission.

It is a path with several steps, and some dates matter a great deal, especially the young person’s age. The earlier a case is reviewed, the more options there are.

Who qualifies for SIJS?

A young person may qualify if all of these are true at the same time: they are under 21 when the petition is filed, they are unmarried when it is filed and when it is decided, they live in the United States, and they have an order from a state court with certain findings about their family situation. SIJS cannot be requested from outside the country.

Both parents do not have to have failed. It is enough that reunification with one of them is not possible. Say a 16-year-old lives in Gainesville with her mother, and her father abandoned her in Guatemala when she was five and never supported her again. Her father’s abandonment can be the basis of the case, even though her mother takes good care of her.

The case also has to be “bona fide,” meaning the family went to court mainly to protect the young person from abuse, abandonment, or neglect, and not just to get an immigration benefit. USCIS looks at this when it makes its decision.

What does the Georgia state court have to decide?

Before anything is filed with immigration, the young person needs an order from a Georgia state court that has authority over the child’s custody or care.

The order has to include three findings:

1. The young person is dependent on the court, or has been placed in the custody of a person, an agency, or an entity.
2. Reunification with one or both parents is not possible because of abuse, abandonment, neglect, or a similar reason under Georgia law.
3. It is not in the young person’s best interest to return to their home country or the country where they last lived.

The state court does not grant immigration status. It decides questions about the young person’s welfare and custody, and those findings are what later go to USCIS. The order also has to explain the facts the findings are based on, because USCIS reviews them.

Parental rights do not have to be terminated. The father or mother can remain the legal parent; what the court decides is that reunification is not possible.

Why does age matter so much for SIJS?

Because there are two clocks. For USCIS, the young person must be under 21 on the day Form I-360 is filed. If it is filed in time, turning 21 while USCIS is deciding does not take the case away.

The other clock belongs to the state court. Georgia courts generally can make these findings only before age 18, so it’s important to start early.

If the young person is close to turning 18 or 21, that is serious: once the date passes, the SIJS opportunity can be lost entirely. But there are still options when you act early. Often the state court case and the USCIS petition can be prepared side by side so no time is lost.

How does the SIJS process work, step by step?

1. Gather the young person’s identity documents.
2. Open a case in the right state court and ask for the special findings SIJS requires.
3. Get the order signed by the judge.
4. File Form I-360 with USCIS, along with the order and the evidence.
5. Wait for USCIS to decide the I-360.
6. Wait for a visa to become available in the young person’s category.
7. File the green card application (Form I-485) once a visa is available.
8. Attend the fingerprint appointment and, if one is scheduled, the interview, and receive the green card if the application is approved.

Why is there a wait for a visa after the I-360 is approved?

Visas for young people with SIJS come from a category with a limited number of visas each year, the employment-based fourth preference (EB-4). When there are more applicants than visas, a line forms, and the young person can file for a green card only when their turn comes.

In other words, SIJS green cards are subject to yearly limits, so there can be a wait. You can learn how that wait works on our page about priority dates and the Visa Bulletin.

While waiting, keep in mind that an approved I-360 is not the same as a green card. The young person needs to keep meeting the requirements and avoid problems that could affect the case.

How does SIJS help when applying for a green card?

SIJS comes with special rules that help many young people. For the green card application, the young person is treated as having been lawfully admitted, even if they entered without inspection. Entering without permission, time spent without status, having used false documents or information to enter, and the “public charge” rule, meaning the concern that a person will depend on government assistance, are not held against them.

For other problems, USCIS can grant a waiver for humanitarian purposes, family unity, or the public interest. What can almost never be waived are certain crimes, including drug offenses (except a single offense of possessing 30 grams or less of marijuana), and national security issues.

What documents should you gather for an SIJS case?

• A birth certificate, passport, or other official document that proves the young person’s age and identity, with a certified English translation if needed.
• Evidence of who has cared for the young person in the United States: school records, medical records, proof of address.
• Documents from any Immigration Court case, such as the Notice to Appear and the judge’s orders.
• If the young person was in the custody of the Office of Refugee Resettlement, the papers from their release and about their sponsor.
• Any records of arrests or criminal cases, even if they were closed.

What are the risks, and how are they handled?

The first risk is time. If the young person reaches the age limit before getting the order or before the I-360 is filed, this path can close. The way out is to start as early as possible.

The second is marriage. The young person must be unmarried when the I-360 is filed and when USCIS decides it. Getting married during that period can end the case, so it is worth talking it through before making that decision.

The third is a change in the family’s situation. If, before the green card is final, a judge orders the young person reunified with the parent the court had ruled out, or decides it is in their best interest to return to their home country, the SIJS approval is automatically revoked.

If the young person has a case in Immigration Court, they must keep going to every hearing while the SIJS case moves forward. Missing a hearing can lead to a deportation order. That is serious, but it is not the end of the road: the SIJS case can be brought to the immigration judge’s attention, and we coordinate both processes.

What should be decided before starting?

1. Who will ask the state court for custody or guardianship of the young person, if that is needed.
2. Which Georgia court is the right one, given the young person’s age and situation.
3. How much time is left before the young person turns 18 and 21.
4. Whether there is an open Immigration Court case, and when the next hearing is.
5. Whether the young person understands and agrees with the process, because their voice matters in court and with USCIS.

Official resources

• Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant (USCIS)
• Form I-485: Application to Register Permanent Residence or Adjust Status (USCIS)

We’re here to help

SIJS can open a stable path to a green card for a young person, but it depends on dates, on the state court, and on the details of their story. With a clear plan, you and your family know what to do at each step.

You don’t have to figure this out alone. Schedule a consultation in Gainesville or Athens, and we’ll go over your child’s case, or your own, together.