Special Immigrant Juvenile Status
SIJS protects children who have been abused, abandoned or neglected by one or both parents. It is unusual in that it begins in a state family or juvenile court rather than with immigration authorities — and it is governed by an age limit that makes timing critical.
SIJS is age-limited. Eligibility depends on obtaining state court findings while the child is still within the qualifying age, which varies by state. If a child in your care may qualify, do not wait — call (866) 369-0220.
What SIJS is
SIJS is a route to permanent residence for children who cannot safely be reunified with one or both parents because of abuse, abandonment or neglect, and for whom returning to their country of origin would not be in their best interests.
It exists because the ordinary family-based system assumes a parent will petition for a child. Where the parent is the source of the harm, that assumption fails.
How the two-stage process works
State court findings
A state juvenile, family, dependency or probate court makes specific findings: that the child is dependent on the court or placed in someone’s custody, that reunification with one or both parents is not viable because of abuse, abandonment or neglect, and that returning to the country of origin is not in the child’s best interests.
Petition to USCIS
With those findings, a petition for SIJ classification is filed.
Permanent residence
Once classified and a visa is available, the child can apply for a green card.
Only one parent needs to be involved
A common misunderstanding is that a child must be abandoned by both parents. Not so — findings as to one parent are enough. A child living safely with their mother may still qualify based on abandonment by their father.
Why timing matters so much
Two clocks run at once. The first is the state court’s jurisdiction, which ends at an age set by state law and varies. The second is the immigration age limit for filing.
Because the state court stage has to be completed first, and family court timelines are outside anyone’s control, a case started close to a birthday can fail purely on timing. Starting early is the single most important factor in these cases.
There is also a visa backlog affecting children from some countries, meaning classification and the green card may be separated by a significant wait.
What it does and does not do
SIJS leads to permanent residence and eventually citizenship. It does not allow the child to ever petition for the parents — that door closes permanently, including for a non-offending parent. Families should understand this before proceeding.
If a child in your care may qualify, start now
Timing decides many of these cases. A free consultation will tell you whether it is worth pursuing.
Frequently asked questions
Does the child have to be in removal proceedings?
No. SIJS can be pursued whether or not proceedings have started, though where a child is in proceedings it is often raised as relief there.
Can a relative or guardian start this?
Yes. A parent, relative, guardian or someone appointed by the court can typically initiate the state court case on the child’s behalf.
What counts as abandonment?
It varies by state, but it generally covers a parent who has failed to maintain contact, support or care. It does not require dramatic circumstances — a long-absent parent may be enough.
Can the child work?
Work authorization generally becomes available at the stage where an adjustment application is filed, which for some nationalities means waiting for a visa to become available.
Will the parent be told?
State court procedures vary and a parent may receive notice of the family court case. That is a real consideration in some situations and we would discuss it with you before filing.
This page is general information about Special Immigrant Juvenile Status, not legal advice, and it does not create an attorney-client relationship. Immigration law changes frequently and eligibility depends on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Do not let the clock run out.
SIJS cases are won or lost on timing. If there is any chance a child qualifies, talk to us now.