1. What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief for certain foreign-born children who have been abused, abandoned, or neglected by one or both of their parents. It allows certain children who are unable to be reunited with one or both of their parents to remain in the United States and obtain lawful permanent resident status. The application process for SIJS includes obtaining a court order from a state juvenile court that confirms the child meets specific criteria and that returning to the child’s home country is not in their best interests.

2. Who qualifies for SIJS?

Under the Immigration and Nationality Act (INA), Special Immigrant Juvenile Status (SIJS) is available for certain foreign-born children who have been declared dependent on a juvenile court, or had a custody determination issued in their best interests by another state court of competent jurisdiction. To qualify for SIJS, the child must be:

1. under 21 years old;

2. unmarried;

3. unable to reunify with one or both of his/her parents due to abuse, neglect, abandonment, or a similar basis under state law; and

4. eligible for long-term foster care or other permanent or long-term legal custodial arrangement under state law.

3. What are the requirements to obtain SIJS?

In order to obtain SIJS, an individual must meet the following criteria:

1. Be under the age of 21.
2. Have a legal immigration status in the U.S., such as “unaccompanied minor” status or asylum status.
3. Be eligible for long-term care and protection from a state court.
4. Demonstrate that they are dependent on the state for care and protection due to abuse, neglect, or abandonment by one or both of their parents or guardians.
5. Demonstrate that they cannot be reunited with one or both of their parents due to abuse, neglect, or abandonment.
6. Demonstrate that it is not in their best interests to return to their country of origin.

4. What documents or evidence must I provide to apply for SIJS?

To apply for SIJS, you must provide evidence that:

1. You are unmarried and under the age of 21;

2. You have been declared dependent on a juvenile court located in the United States;

3. You have been subjected to abuse, neglect, or abandonment;

4. Reunification with one or both of your parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law; and

5. It is not in your best interest to be returned to your home country.

5. How long does it take to receive a decision on my SIJS application?

The time it takes to receive a decision on an SIJS application can vary depending on an applicant’s individual circumstances. In general, it may take several months for a decision to be made.

6. Can I travel outside the United States if I have been approved for SIJS?

Yes, but you must obtain advance permission from the U.S. Department of Homeland Security before leaving the United States.

7. How long will my SIJS status last?

The duration of SIJS status depends on the age of the immigrant, and other factors. Immigrants who are under 18 when they are granted SIJS may be able to get permanent lawful residence (a green card) once they turn 21. Immigrants who are 18 or older when they are granted SIJS may be eligible for permanent lawful residence once they turn 25.

8. Can I apply for a green card through SIJS?

No, SIJS does not provide any pathway to permanent legal status in the United States; however, it may provide an individual with a temporary legal status and protection from removal.

9. How do I apply for an Adjustment of Status based on SIJS?

If you are a foreign national who has been deemed eligible for special immigrant juvenile status (SIJS) based on a court order, you must file an I-485, Application to Register Permanent Residence or Adjust Status, to obtain permanent resident status in the United States. To submit the application, you must provide the following forms and documents:

• Form I-485, Application to Register Permanent Residence or Adjust Status

• Form I-765, Application for Employment Authorization
• Form I-131, Application for Travel Document
• Form G-325A, Biographic Information
• Evidence of your identity and nationality
• Evidence of the court order granting you SIJS
• Two passport-style photographs
• Supporting evidence of your eligibility for SIJS
• Any additional evidence required by USCIS
• The filing fee
Once your application is accepted and processed, you may be scheduled for an interview with an immigration officer. During the interview, the immigration officer will review your application and supporting documents. If your application is approved, you will be granted permanent resident status in the United States.

10. What is the filing fee to apply for SIJS?

The filing fee for a SIJS application is $750.

11. How can I prove that I am a “juvenile” under the law?

The definition of a juvenile varies by state, but typically it includes anyone under the age of 18. To prove your age, you may have to provide a birth certificate, passport, or other official document that states your date of birth. In some cases, you may also need to provide a driver’s license or other form of identification.

12. Are there any special considerations for those applying for SIJS from abroad?

Yes, applicants who need to apply for SIJS from abroad must be able to demonstrate that they are unable to pursue their immigration relief in their home country due to extreme hardship. When applying for SIJS from abroad, the applicant should provide additional evidence and affidavits to support their application.

13. If I was granted SIJS, can my family members also get legal status in the U.S.?

No. Special Immigrant Juvenile Status (SIJS) is limited to the juvenile (minor) and does not grant legal status to any family members. Family members of the juvenile may be eligible for other forms of relief, but not SIJS.

14. What happens if my SIJS application is denied?

If your SIJS application is denied, you will receive a letter from the court detailing the reasons for the denial. You may then choose to file an appeal with the court or seek legal counsel to help you understand your options.

15. Can I get work authorization through SIJS?

No, SIJS does not provide work authorization. However, obtaining a green card through Adjustment of Status or through a family-based visa may provide an individual with work authorization.

16. Can I extend my stay in the United States if I was granted SIJS?

Yes. If you were granted SIJS, you may be eligible to apply for an extension of stay beyond the initial two-year period. You must file a Form I-765, Application for Employment Authorization, with USCIS to request an extension of stay. Your eligibility for an extension of stay depends on your particular circumstances. You should speak with an immigration attorney or accredited representative to discuss your situation in order to determine what options are available to you.

17. Can I attend school if I am granted SIJS status?

Yes. SIJS is a form of immigration status that gives you the right to live and work in the U.S. While having SIJS does not automatically make you eligible for certain benefits, once you are granted SIJS status, you are eligible for public benefits to the same extent as a U.S. citizen. This includes access to public education and other services such as healthcare. It is also important to keep in mind that you may be eligible for additional benefits, such as scholarships or tuition assistance, depending on the state in which you live.

18. Will receiving SIJS affect my ability to gain U.S. citizenship?

No. SIJS does not guarantee a pathway to U.S. citizenship. However, it does provide a non-citizen with legal immigration status in the U.S., which can then be used as an avenue to seek lawful permanent resident status and eventually U.S. citizenship through other means.

19. Do I need to hire an attorney to apply for SIJS?

No. An attorney is not necessary to apply for SIJS, however they may be able to help you with the process. If you choose to hire an attorney, make sure you ask any questions you may have and research the attorney’s qualifications and experience.

20. Is there any age limit to apply for SIJS?

Yes, you must be 17 years of age or younger to apply for SIJS status.