Special Immigrant Juvenile Status (SIJS) is a humanitarian immigration option for certain children and young adults in the United States who cannot safely live with one or both of their parents.
SIJS is meant to protect young people who have experienced abuse, neglect, or abandonment and who would be at risk if forced to return to their home country.
A state juvenile or family court must issue an order confirming that:
One or both parents abused, neglected, or abandoned the child
The child cannot safely reunite with that parent
Returning to the child’s home country is not in their best interest
This court order focuses on the child’s safety and well-being.
After obtaining the required court findings, the child files Form I-360 with U.S. Citizenship and Immigration Services (USCIS) requesting SIJ classification.
If approved, and once a visa becomes available, the child may apply for lawful permanent residence (a green card).
If approved, SIJS may lead to:
Lawful permanent residence (a green card)
Protection from deportation
Eligibility to apply for work authorization
SIJS offers long-term stability and a path toward permanent status in the United States.
A person may qualify for SIJS if all of the following are true:
They were born outside the United States
They are under 21 years old when applying
They are not married
They are physically present in the United States
A state juvenile or family court has determined:
One or both parents abused, neglected, or abandoned them
The child cannot safely reunite with that parent
Returning to their home country is not in their best interest
Important: SIJS is for the protection of the child, not to punish parents. The court’s focus is safety and stability.
SIJS offers strong protection, but there are limits:
A person who receives SIJS cannot sponsor their parents for immigration
This restriction remains even if the relationship later improves
In the future, after becoming a U.S. citizen, the person may be able to sponsor siblings (but wait times are long)
Compared to other immigration paths, SIJS:
Does not require proving fear of persecution
Does not depend on a parent filing a petition
Is based on child protection, not punishment
Can lead to long-term stability and lawful status
For many vulnerable children, SIJS is the strongest and safest path to remaining in the United States legally.
SIJS can still be available even if:
These cases are more complex and require careful coordination between courts, but many children still qualify.
Yes. You must be under 21 years old at the time you properly file the SIJ petition (Form I-360), and you must be unmarried.
Even if you turn 21 after filing, your case may still proceed if it was properly submitted before your 21st birthday.
No. A child may qualify if one or both parents abused, neglected, or abandoned them. The law does not require findings against both parents.
It depends on visa availability.
SIJS falls under the EB-4 category, which has annual limits. In some countries, there may be a waiting period before a green card application (Adjustment of Status) can be filed.
No. A person who receives SIJS can never sponsor a parent for immigration benefits, even after becoming a U.S. citizen.
This is a permanent restriction under the law.
Processing times vary. The timeline typically includes:
State court proceedings
USCIS review of Form I-360
Waiting for visa availability (if required)
Green card processing
Each stage may have different timelines depending on the location and case complexity.
Not sure how this applies to your situation? Our team has the knowledge and experience to help. Complete our Immigration Intake form or call our office at 757-422-8472 to schedule a consultation and learn more.
