What is Special Immigrant Juvenile Status?

 Posted on April 28, 2025 in English

As a federal immigration classification enabling non-citizen immigrant children who require the protection of a juvenile court due to neglect, abandonment, or abuse by a parent, Special Immigrant Juvenile status allows the child to acquire lawful permanent residence.

Lawful permanent residency is also known as obtaining a Green Card. Those who may be eligible for Special Immigrant Juvenile Status should speak to a knowledgeable national immigration attorney who can determine whether the juvenile is eligible and assist in filing the correct paperwork.

Eligibility for Special Immigrant Juvenile Status

Those who file for SISJ must meet the following criteria:

• The juvenile must currently live in the United States.
• The juvenile must be under the age of 21.
• The juvenile must have a valid court order from a state court that finds the juvenile is a dependent of the court, is in the custody of a state department or agency, or is in the custody of a court-appointed entity or individual.
• The juvenile must be unmarried, either because he or she has never been married or was married, but the marriage ended in the death of the spouse, divorce, or annulment.
• It must be clearly proven that the juvenile cannot reunite with at least one parent as a result of neglect, abandonment, or abuse.
• The abuse, abandonment, or neglect must have occurred prior to the juvenile’s 18th birthday.
• It is not in the juvenile's best interests to return to his or her country of nationality or the last residence of his or her parents.
• The juvenile must be eligible for U.S. Citizenship and Immigration Services (USCIS) consent, meaning that SISJ status is not sought primarily to obtain an immigration benefit.
• A juvenile who is currently in the custody of Health and Human Services (HHS) or the Office of Refugee Resettlement (ORR) must have written consent from the department if the juvenile court order will change custody status or placement.

How is SISJ Status Obtained?

A predicate order in state court must be obtained before applying for SIJS status. This means that the state court where the juvenile currently resides must be involved in the SIJS process. The juvenile must ask a state court judge to issue a predicate order, which will declare the juvenile dependent on the court or place him or her under the custody of a state agency, a person, or an entity appointed by the judge.

The predicate order will also declare under state law that the juvenile cannot reunify with one or both parents as a result of abandonment, neglect, or abuse. The predicate order will determine that it is not in the juvenile’s best interests to be returned to his or her parents, country of nationality, or last residence.

After obtaining a predicate order, the juvenile can petition for SIJS status through USCIS via a Form I-360, along with the required documentation that legally establishes the juvenile's age. Once the SIJS petition is submitted, a USCIS officer will review it and assign a priority date. The officer may approve the petition, deny the petition, or issue a request for additional information and evidence before making a final decision.

Once the SIJS petition is approved, the priority date will determine when the juvenile will be allowed to apply for Legal Permanent Residency (a Green Card). A juvenile who is awarded SIJS protection can terminate deportation proceedings and is eligible for a work permit. A juvenile with work authorization can obtain a Social Security number and a state ID or driver’s license.  

Contact a Fairfax County, VA Immigration Attorney

Those who could qualify for SIJS protection should speak to a Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC. Attorney Ruiz has more than 20 years of experience helping clients with immigration issues. He speaks both English and Spanish and has a full-service law firm. Call 571-441-2233 to schedule a free consultation to discuss your immigration issues.