Special Immigrant Juvenile Status

What SIJS Is and Who It Protects

Special Immigrant Juvenile Status is a form of immigration relief created by Congress to protect children who have been abused, neglected, or abandoned and who cannot safely return to their home country. It is defined in INA section 101(a)(27)(J). The protection was designed for children who came to the United States fleeing harm within their own families, often traveling alone, and who ended up in the custody of an American relative, a guardian, or the state.

SIJS is not a humanitarian program that the government offers automatically. It is a legal process that requires action in two separate systems: the state family court and the federal immigration system. Neither system works on its own. Both must be completed, in the right order, before the child can be protected.

When the process is completed, the child receives lawful permanent residence, a green card, and the ability to live and work in the United States without fear of deportation. The process can be long and requires coordination between family law and immigration law. But for children who qualify, it is one of the most secure forms of immigration protection available.

Step One: New Jersey Family Court Predicate Findings

The first step in a SIJS case is a state court proceeding. In New Jersey, this takes place in the Family Part of the Chancery Division of the Superior Court. The court must enter a special findings order that includes specific conclusions required by federal law before USCIS will accept an SIJS petition.

These predicate findings are:

First: the child is dependent on the court, or the child has been committed to or placed under the custody of a state agency or a private individual or entity appointed by the court. In New Jersey, this most commonly means the court has entered a guardianship or custody order placing the child with a relative, a family friend, or a guardian.

Second: reunification with one or both of the child's parents is not viable due to abuse, neglect, abandonment, or a similar basis under New Jersey law. The court must make this finding about a specific parent or both parents. The finding does not require that both parents have mistreated the child. If one parent abused or abandoned the child, a one-parent finding is sufficient. Many children who pursue SIJS have one parent in their home country who abandoned them and one parent who is deceased or otherwise absent. The court evaluates the facts and makes the specific finding.

Third: it is not in the child's best interests to be returned to the country of nationality or last habitual residence. This finding addresses what would happen if the child were sent back. The court considers the danger, instability, or hardship the child would face, the lack of an adequate family environment, and any other factors relevant to the child's welfare.

To get these findings, a case must be opened in Family Court. In many SIJS matters, this is a guardianship action filed by the relative or adult who is caring for the child. The proceedings are different from delinquency or abuse and neglect cases brought by the state. The family or guardian initiates the case, presents evidence about the child's history, and asks the court to enter the special findings order.

The Family Court record, the testimony, and the documents presented are the foundation for the USCIS petition that comes next. Building a thorough, accurate record at the state court level is essential to success at the federal level.

Step Two: USCIS I-360 Petition

Once the Family Court enters the special findings order, the second step is filing an I-360 petition with USCIS. The I-360 asks USCIS to classify the child as a Special Immigrant Juvenile.

The I-360 is filed with a copy of the court order containing the predicate findings, the child's identity documents, and evidence supporting the facts found by the court. USCIS reviews whether the court order meets the federal requirements and whether the child is otherwise eligible. USCIS has the authority to approve or deny the petition.

Approval of the I-360 does not by itself grant the child immigration status. It classifies the child as a Special Immigrant Juvenile and makes them eligible to apply for a green card, called adjustment of status if they are in the United States, or consular processing if they are abroad. The timing of the green card application depends on visa availability.

For children from many countries, the EB-4 immigrant visa category used for SIJS has been current or nearly current, meaning the green card application can be filed relatively quickly after the I-360 is approved. For children from certain high-demand countries, there may be a wait. An attorney familiar with the current visa bulletin will advise on timing specific to the child's country of birth.

The Age Deadline: Why Starting Early Is Not Optional

The single most important fact about SIJS is the age deadline. The I-360 petition must be filed before the child's 21st birthday. USCIS will not accept an I-360 for someone who is 21 or older, and there are no exceptions.

This means the entire process, obtaining guardianship or custody in Family Court, getting the predicate findings entered, filing the I-360 with USCIS, must be completed before the child turns 21.

In New Jersey, Family Court has authority over SIJS matters until the child turns 21. This is helpful because it means the court can continue the case up to that point. But the time to complete the Family Court proceedings and file the USCIS petition can be significant. Courts have their own schedules. Evidence takes time to gather. A child who is 19 or 20 and just learning about SIJS may be in a race against the calendar.

A child approaching 21 who may qualify for SIJS should contact an attorney immediately. The costs of missing the deadline are permanent. There is no remedy once the birthday passes and the petition has not been filed.

What SIJS Leads To: The Green Card Path

When the I-360 is approved and a visa is available, the child applies for adjustment of status using Form I-485. This is the application to become a lawful permanent resident of the United States. It includes a medical examination, biometrics, and a review of the child's background.

If approved, the child receives a green card. They can live and work in the United States lawfully and without fear of deportation based on their immigration status. If removal proceedings were already underway when the SIJS process started, the approved I-360 and the adjustment of status application can be used to terminate those proceedings or to apply for relief within them.

After holding a green card for the required period, the child, now an adult, can apply for naturalization and eventually citizenship. SIJS recipients often spend their entire adult lives in the United States as permanent residents and citizens.

A Critical Limitation: No Petitioning for Parents

Every person who pursues SIJS must understand one significant limitation before the process begins. Under federal law, a person who obtains a green card based on SIJS is permanently barred from using that immigration status to petition for the parent or parents who were found to have abused, neglected, or abandoned them. This bar is found in INA section 101(a)(27)(J) and cannot be waived.

This means that if a child gets a green card through SIJS and later becomes a U.S. citizen, they cannot sponsor the parent or parents against whom the SIJS findings were made. This bar applies for the rest of the child's life.

This is a profound trade-off in some cases. A child who has a parent who mistreated them in the past but with whom they have since reconciled may face a situation where pursuing SIJS permanently limits their ability to help that parent immigrate later. Every family's circumstances are different, and this limitation must be understood and weighed before the case begins.

Importantly, if the Family Court made findings about only one parent, the bar applies only to that parent. The bar does not automatically extend to a parent who was not found to have caused harm, though the specific facts must be reviewed carefully.

Children in Removal Proceedings

Many children who pursue SIJS are already in removal proceedings when the process starts. This is common for children who arrived without documentation and were placed in proceedings by immigration authorities. SIJS can be pursued in parallel with removal proceedings.

If an I-360 is approved while removal proceedings are pending, the child may be able to apply for adjustment of status as a defense to removal. The immigration judge can terminate the removal case if the child is eligible to adjust status. Timing and the current immigration court docket affect how this plays out, but SIJS approval does not become irrelevant simply because a removal case is pending.

For children who are also detained, the SIJS case and any detention relief run on separate tracks. See our pages on what to do when a family member is detained and on bond hearings for information about seeking release from detention while a case is pending.

Frequently Asked Questions

Who qualifies for Special Immigrant Juvenile Status?

A child under 21 who is unmarried and present in the United States may qualify if a state court with jurisdiction over the child enters an order finding: that the child has been abused, neglected, or abandoned by one or both parents, or that reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar basis under state law; that it is not in the child's best interest to be returned to their home country; and that the child is dependent on the court or has been placed with a state agency or a private individual. In New Jersey, these findings come from the Family Part of the Chancery Division. The process typically begins with a guardianship or custody action in that court.

Does both parents need to be found unfit? What if only one parent was abusive?

No. In New Jersey and in most jurisdictions, SIJS is available based on abuse, neglect, or abandonment by one parent. If reunification with one parent is not viable for one of the recognized reasons, the SIJS predicate findings can still be made even if the other parent is alive and available. The statute and the implementing USCIS guidance both contemplate one-parent findings. The court order needs to address the relationship with the parent or parents who caused the harm. The second parent's status does not automatically disqualify the child.

Does SIJS lead to citizenship?

SIJS leads to lawful permanent residence, which is a green card. It does not directly grant citizenship. After obtaining a green card through SIJS, the child, like any permanent resident, can apply for naturalization after meeting the applicable residency requirements. Because SIJS recipients are typically long-term residents of the United States who came as children, many do pursue naturalization eventually.

What if the child is about to turn 21?

Act immediately. The I-360 SIJS petition must be filed with USCIS before the child's 21st birthday. In New Jersey, Family Court can retain jurisdiction over a SIJS matter until the child turns 21, which gives some time to obtain the court order and file the USCIS petition. But every day matters. If the child is 20 or approaching that birthday, the first call to an attorney should happen today. There is no cure for a petition filed after the child turns 21.

If I get a green card through SIJS, can I later petition for my parents?

No. This is one of the most important limitations of SIJS to understand before deciding whether to pursue it. A person who receives a green card through SIJS is permanently barred from using that immigration status to petition for the parents who were found to have abused, neglected, or abandoned them. This is a federal statutory bar, not a discretionary rule. A SIJS recipient can still petition for certain other family members in the future, and the bar does not apply to the other parent if one-parent findings were made. But it is critical that the child and any supporting adults understand this limitation before the case proceeds.

Can a child who entered without inspection apply for SIJS?

Yes. How the child entered the United States does not disqualify them from pursuing SIJS. Many children who come to the United States fleeing abuse or abandonment arrive without inspection or proper documentation. SIJS was specifically designed to protect vulnerable children in this situation. The manner of entry may be relevant to other parts of the immigration process but it does not bar SIJS eligibility.

Working With Our Firm

Harry Asatrian handles SIJS cases in New Jersey Family Court and before USCIS. Because SIJS requires coordinating a state court proceeding with a federal immigration petition, these cases benefit from representation by an attorney who works in both systems and understands how each step of the process affects the next.

Call (973) 735-2716 or use the contact form. Our office is at 72 South Maple Avenue, 1st Floor, Ridgewood, NJ 07450. If a child is approaching 21, call today.