When a child enters the U.S. alone, without the care of a parent, it can be difficult to know what happens next. Many of these children end up in foster care or under the guardianship of relatives. For some, there’s a legal path that can provide stability and hope for the future: Special Immigrant Juvenile Status, or SIJS. This legal option not only helps young people gain lawful status but also affects how the foster care and adoption systems work. In this post, we’ll explain how SIJS fits into the child welfare system and how an immigration lawyer can help guide the process.
What Is SIJS? A Quick Overview
SIJS is a type of immigration relief for children who have been abused, abandoned, or neglected by one or both parents. To apply, the child must first get a state court order stating they can’t safely return to a parent’s care and that it’s in their best interest to remain in the U.S.
Once that court order is in place, the child can apply for SIJS with U.S. Citizenship and Immigration Services (USCIS). If granted, SIJS can lead to a green card. This path is only available to unmarried children under 21 who meet the specific criteria.
If you’re caring for a child who may qualify, it’s essential to act quickly—there are strict deadlines and steps to follow.
How SIJS Interacts with the Foster Care System
Many children who apply for SIJS are already in foster care, either through state custody or under the supervision of child protective services. Foster care agencies often work alongside immigration attorneys to help a child meet the requirements for SIJS.
Here’s how they connect:
- The child welfare system provides care and protection.
- A juvenile or family court can issue the findings needed for the SIJS petition.
- Immigration attorneys prepare the necessary filings with USCIS and keep the case on track.
Without SIJS, children may remain in legal limbo—even as they grow up in U.S. foster homes. With SIJS, they have a chance to gain lawful status, access education, and eventually apply for permanent residence. For children at risk of aging out of foster care without legal status, SIJS can be life-changing.
SIJS and Its Influence on Adoption Proceedings
Adoption and SIJS don’t always go hand-in-hand, but they can affect each other. A child doesn’t need to be adopted to qualify for SIJS, and an adoption won’t block a child from applying. In fact, SIJS may give courts and agencies another tool for helping children find stability without forcing reunification.
For foster and adoptive parents, it’s helpful to understand that SIJS is based on the child’s relationship with their biological parents. The goal of SIJS is to protect the child, not to influence the timing of an adoption. In fact, an adoption may still proceed on its own, even while the SIJS process is underway.
We often work with families who aren’t sure how these systems overlap. Our role is to provide legal clarity so everyone involved can make the best decision for the child.
Challenges in the SIJS Process for Foster Youth
While SIJS offers many benefits, the process isn’t always smooth. There are some common roadblocks:
- Delays due to visa backlogs, especially for children from countries like Guatemala, Honduras, or El Salvador.
- Confusion between systems, where state court timelines don’t align with federal immigration deadlines.
- Risk of aging out, meaning the child turns 21 before all approvals come through.
These hurdles make it even more important to work with an immigration lawyer who understands both the immigration and child welfare systems. We work closely with foster families, caseworkers, and guardians to ensure no step is missed.
Why SIJS Matters for Families and Communities
When a child gains legal stability, the impact reaches far beyond immigration status. SIJS opens the door to education, employment, and a future without fear of deportation. It also gives foster families peace of mind, knowing that the child they care for can remain in the U.S. legally.
SIJS can transform lives. For many young people, it’s about having a real future in the place they call home.
How We Can Help
Helping a child through the SIJS process takes legal knowledge, planning, and a sense of urgency. At Rahimi Law Firm, we work directly with foster families, caseworkers, and guardians to secure the court findings and immigration filings needed for SIJS approval. We know the process—and we’ll be by your side every step of the way. If you think a child in your care may qualify, don’t wait. Contact us today for a confidential consultation.