Special Immigrant Juvenile Status

What is Special Immigrant Juvenile Status?

If you have survived abuse, neglect or abandonment and are in state custody (such as foster care) or placed with a relative or legal guardian, you may qualify for Special Immigration Juvenile Status. This may also be an option even if you are no longer in state custody, but were in the past.

What is abuse, neglect, or abandonment?

Abuse – abuse is when your parent or another person hurts you by hitting, shaking, choking, burning, beating, or any other action that causes you pain or an injury. You may have marks on you such as bruises or cuts from being abused, but not always.

Neglect – Neglect is not having your needs met such as having enough food to eat, water to drink, clean clothes, a safe place to sleep, etc.

Abandonment – either parent leaving you

How do I know if I qualify to apply for Special Immigrant Juvenile Status?

You must meet the following:

• You are currently in the US
• You are under the age of 21 when filing the petition
• You are unmarried from when you first file the petition until there is a decision
• Reunification with at least one parent is not possible
• Due to abuse, neglect, or abandonment
• And it is in your best interest is to remain in the United States rather than return to the home country.

What is a juvenile court?

Juvenile court is a court that can make decisions about you and your life such as where you will live and what is in your best interest. Some examples are family court, probate court, juvenile justice court, dependency court, divorce court, or similar, depending on the state.

Do both my parents have to be involved in the abuse, neglect, or abandonment for me to qualify?

No, you can still qualify for Special Immigrant Juvenile Status if you have been abused, neglected, or abandoned by one parent, even if reunification is a goal with the other parent.

Should I wait for termination of parental rights before applying for SIJ?

Termination of parental rights is not required. The court only needs to decide that reunification with at least one parent is not possible, for example when reunification is no longer a goal in the case plan. Generally, the court should decide that you cannot reunify with your parent(s)  for the rest of your childhood.

What is the timeline for SIJ decision?

Generally, a decision will be made on a petition for SIJS within 180  of filing the petition if there are no errors.

Do I have to keep my child welfare case open in order to avoid losing my SIJ approval?

Child welfare case needs to be open until SIJS is approved, which is around 3 to 6 months, unless you are adopted, placed with a permanent guardian, or age out of foster care. The case does not need to stay open until the green card is available.

After SIJS is approved, you can be reunified with the other parent, adopted, placed in a permanent guardianship, or age out foster care while you are waiting to get your green card

If I am approved for SIJS is there any way it can be taken away?

Yes, if any of the following happen, your SIJS status can be taken away:

• Reunification with one or both parents is ordered by a court when the court has already said it was not possible due to abuse, neglect, or abandonment.
• If a judge decides that it is in your best interest to go back to the country of origin.
• There may be other reasons why your SIJS approval could be revoked. However, you would get notice if your SIJ status was being taken away and would have the right to appeal. Talk to an attorney right away.   

What happens after SIJS is approved?

After your SIJS is approved the next step is to get your green card, however there are only a certain number of green cards given out every year. Currently there are more SIJS applications approved each year then the number of green cards that are available. While you are waiting for your green card, you are put on a waitlist. This waitlist is called deferred action. [1]. You are protected from deportation once your SIJS status is approved if you have deferred action. [2]. If you have deferred action, you are allowed to be in the United States, able to work and get documents like a government ID card, and a Social Security number[3]. You will get a notice with your SIJS approval stating if you have deferred action.

What if I “age out” while waiting for my SIJ petition to be approved or while I am on the waitlist for a green card?

You must make sure that your application for SIJS is received before you turn 21. If you turn 21 after your SIJS application is received, or while you are waiting for a green card, this will not effect you.

If I am adopted, what effect will that have on my SIJ petition?

Adoption has no effect on an approved SIJ petition.  Adoption may allow you to get citizenship through your adoptive parents, if you are under 16 years old when the adoption becomes final (or 18 if it is a sibling adoption) and meet other requirements. Talk to your immigration attorney to understand your options.

Can I help my family members with their legal status if I get SIJ status?

If you get your green card or eventually become a citizen through the SIJ process you may be able to request your siblings or spouse, if you have one, get legal status because of their relationship to you. This is called family-based immigration process. However, you are not able to request status for either of your parents. This is the case even if findings were only made against one parent.

4 Steps in the SIJ Process

1. State Court Order: state court with authority over your custody makes SIJ findings and order as described above. This has to happen before you are 18 in most cases.
2. Immigration petition is submitted with the state court order and proof of your birthday. This has to be submitted and received by USCIS before you turn 21.
3. If approved (about 3 to 6 months), Child received notice of deferred action and is eligible to apply for ID and SSN while on “wait list”.
4. Check with your immigration attorney to see when the “priority date” is current; this may take several years. When this happens, you can apply for the green card, LPR status. May naturalize after 5 years, if otherwise qualified.