SIJS

Understanding Special Immigrant Juvenile Status (SIJS): Who Qualifies and Why It Matters

For many children facing difficult situations, Special Immigrant Juvenile Status (SIJS) provides a lifeline to safety and stability in the U.S. SIJS offers legal protection and the opportunity to apply for a green card to those who have experienced abuse, neglect, or abandonment by one or both parents. It’s a pathway toward a more secure future, allowing children to build a new life here. In this blog, we’ll explain who qualifies for SIJS, why it matters, and what steps are involved in the application process. If you’re caring for a child in need, this information could make a difference.

What Is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status is a form of immigration relief for children who have been abused, neglected, or abandoned by one or both parents. It provides a pathway to lawful permanent residency, commonly known as a green card, for those who cannot return to their home country due to unsafe conditions with their parents. SIJS is designed to protect vulnerable children and give them the chance to build a more stable future in the U.S.

The SIJS process involves both state courts and federal immigration authorities. It starts with a juvenile or family court order that determines reunification with one or both parents is not possible due to abuse, neglect, or abandonment. The court must also decide that it’s not in the child’s best interest to return to their home country.

Once the court order is obtained, the child can apply for SIJS through U.S. Citizenship and Immigration Services (USCIS). If granted, the child becomes eligible to apply for a green card, which can offer long-term protection.

Who Qualifies for SIJS?

To qualify for SIJS, a child must meet specific criteria. Here are the key eligibility factors for SIJS:

  • Age Requirement: The applicant must be under 21 years old at the time of filing for SIJS.
  • Marital Status: The child must be unmarried. 
  • Juvenile Court Order: The child must have a court order from a state juvenile court (such as family or probate court) that finds that reunification with one or both parents is not viable due to abuse, neglect, or abandonment and it is not in the child’s best interest to return to their home country or the country of their last residence.
  • Physical Presence in the U.S.: The child must be physically present in the U.S. when applying for SIJS. 

Why SIJS Matters

Special Immigrant Juvenile Status provides vulnerable children with a path to safety and stability in the U.S. For those who have faced abuse, neglect, or abandonment, SIJS offers protection from deportation and opens the door to opportunities like education, employment, and healthcare. It allows children to build secure lives, free from the dangers of their home countries. Additionally, it enables them to apply for a green card and eventually U.S. citizenship, offering a chance for a better, safer future.

The SIJS Application Process: What to Expect

The Special Immigrant Juvenile Status application process involves several steps, requiring coordination between state courts and USCIS. Here’s what you can expect:

  • Step 1: Obtain a Court Order: The process begins in family or juvenile court. The court must issue an order stating that the child cannot reunite with one or both parents due to abuse, neglect, or abandonment. The court must also determine it is not in the child’s best interest to return to their home country.
  • Step 2: File the SIJS Petition with USCIS: After obtaining the court order, the next step is to file Form I-360, Petition for Special Immigrant Juvenile Status, with USCIS. This form allows the child to officially apply for SIJS.
  • Step 3: Apply for a Green Card: Once the SIJS petition is approved, the child can apply for lawful permanent residency (green card) by filing Form I-485, Application to Register Permanent Residence.
  • Step 4: Attend an Interview (if required): USCIS may require an interview to confirm eligibility for SIJS and the green card application.

Contact an Experienced New York SIJS Attorney

At Rahimi Law Firm, we are dedicated to helping children and families navigate the Special Immigrant Juvenile Status process with care. We’ll work closely with you to ensure your case is handled smoothly. Contact us today to schedule a consultation and find out how we can assist you.