Practice Area
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) is a federal immigration classification that provides a path to a green card for children who have been abused, neglected, or abandoned by one or both parents. It requires both a state court order and a federal immigration petition.
Who is this for?
SIJS is for unmarried children under 21 who are present in the United States and who have been abused, neglected, or abandoned by one or both parents. The child must obtain a predicate order from a state juvenile court — such as a family court or probate court — finding that reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and that it is not in the child's best interest to be returned to their home country.
Basic eligibility requirements
- The child is under 21 years old and unmarried
- The child is present in the United States
- A state juvenile court has issued a predicate order finding abuse, neglect, or abandonment
- The court has found that reunification with one or both parents is not viable
- The court has found that it is not in the child's best interest to be returned to their home country
- A visa number is available (SIJS is subject to annual numerical limits for some countries)
How the SIJS process works
- 1
Obtain a predicate order from state court
The first step is obtaining a court order from a state juvenile court — such as a family court, probate court, or dependency court — that makes the required findings about abuse, neglect, or abandonment and the child's best interests. This typically requires a separate state court proceeding.
- 2
File Form I-360 with USCIS
Once the predicate order is obtained, an I-360 petition is filed with USCIS. This petition asks USCIS to classify the child as a Special Immigrant Juvenile. USCIS will review the petition and the predicate order.
- 3
Wait for a visa number
SIJS is subject to annual numerical limits for certain countries. Once the I-360 is approved, the child may need to wait for a visa number to become available before applying for a green card.
- 4
Apply for a green card (adjustment of status)
Once a visa number is available, the child applies for lawful permanent residence through adjustment of status. This involves filing Form I-485 and attending a biometrics appointment.
- 5
Receive the green card
If approved, the child receives a green card and becomes a lawful permanent resident. SIJS recipients are not eligible to petition for their parents to immigrate to the United States.
Common questions about SIJS
What is a predicate order?
A predicate order is a court order from a state juvenile court that makes the specific findings required for SIJS — that the child has been abused, neglected, or abandoned, that reunification with one or both parents is not viable, and that it is not in the child's best interest to return to their home country.
Can a child apply for SIJS if only one parent was abusive?
Yes. SIJS can be based on abuse, neglect, or abandonment by one or both parents. The predicate order only needs to find that reunification with one parent is not viable — it does not need to apply to both parents.
What happens when the child turns 21?
SIJS requires the child to be under 21. If the child turns 21 before the green card is approved, they may age out of eligibility. It is important to begin the process as early as possible.
Can SIJS recipients bring their parents to the U.S.?
No. Federal law specifically prohibits SIJS recipients from petitioning for their parents to immigrate to the United States. This is an important limitation to understand before pursuing SIJS.
Ready to Take the Next Step?
Schedule a consultation. The fee is applied toward your legal fees if you retain the firm.