Special Immigrant Juvenile (SIJ) status is a form of immigration protection for children in the United States who have been abused, abandoned, or neglected by one or both parents. If approved, this status can lead to a green card (lawful permanent residence), allowing the child to stay in the U.S. permanently.
Eligibility
- Be under 21 when you file the petition.
- Live in the U.S. at the time of filing, applications from outside the country are not allowed.
- Be unmarried when you apply and when your case is decided.
- Have a state juvenile court order. Some states allow court orders only until age 18; others up to age 21.
- Show good faith. the court order must be based on protection needs, not just to get immigration status.
- Get ORR consent if you're in federal custody and the court order changes your placement.
Process for Special Immigrant Juvenile (SIJ) Status
Obtain a Juvenile Court Order
Get an order from a state juvenile court confirming abuse, abandonment, or neglect, and that SIJ status is in your best interests.
File Form I-360
Submit the petition for SIJ classification to USCIS.
Wait for Approval
Processing times vary.
Apply for a Green Card (Form I-485)
Once your I-360 is approved and a visa number is available, you can apply for permanent residency.
Green Card (Permanent Residence)
If USCIS approves your SIJ petition, you may be eligible to apply for a green card by filing Form I-485 (Application to Adjust Status).
- If a visa is available, you can file Form I-360 and Form I-485 together.
- If a visa is not yet available, you must wait to file Form I-485 until one becomes available.
SIJ green cards fall under the employment-based fourth preference (EB-4) category. Visa availability may vary, so it’s important to check current visa bulletins or speak with an immigration attorney.