What is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status (SIJ) is a special way for minors currently in the United States to adjust their status to that of Lawful Permanent Resident despite having entered without authorization or having been unlawfully present in the United States, which would generally make them inadmissible to the United States and create barriers to Adjustment of Status. The key criteria for SIJS is abuse, neglect or abandonment by one or both parents.
Some children who are in the United States without lawful immigration status may be in need of humanitarian protection because they have been abused, neglected or mistreated by a parent. SIJ status is an immigration classification that allows these vulnerable children to immediately apply for lawful permanent resident status, usually known as obtaining a Green Card or lawful permanent resident card.
If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If you are granted SIJ classification, you may qualify for lawful permanent residence (also known as obtaining a Green Card).
You must meet all of the legal requirements described below to be eligible for SIJ classification. The requirements are in INA § 101(a)(27)(J); 8 CFR § 204.11 and the USCIS Policy Manual, Volume 6, Part J - Special Immigrant Juvenile.
- Be under 21 years of age, Only at the time you file your SIJ petition (Form I-360).
- Currently living in the United States. Cannot file from abroad to come to the U.S. in an SIJ classification, both at the time you file your SIJ petition and at the time USCIS makes a decision on your petition.
- Be unmarried. This means that you: Have never been married; or Have been married before, but your marriage ended in annulment, divorce, or you were widowed.
- You have a valid order issued by a state juvenile court in the United States finding that:
- You are a dependent of the court, or are in the custody of a State agency or department or a person or entity designated by the court;
You are unable to be reunited with either parent due to any of the following:
· Abuse;
· Abandonment;
· Abuse;
· A similar cause under state law;
· Returning to your country of nationality or your or your parents' last habitual residence is not in your best interest.
Note: Some juvenile courts may only issue a juvenile court order if you are under 18 years of age.
