What is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a classification for undocumented immigrant children, under 21 years old, who have been abused, abandoned, or neglected, and for that reason cannot be returned to either or both parents in their home country.

Can Special Immigrant Juveniles seek lawful permanent residence in the U.S.?

Yes. The Special Immigrant Juvenile (SIJ) classification allows certain children who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law to have the ability to seek lawful permanent residence in the United States. These juvenile applicants can submit Form I-360 for USCIS to determine if the juvenile meets the requirements for SIJ classification.

Are Special Immigrant Juveniles eligible for adjustment of status to get a green card?

Yes. After the I-360 application is approved or while the I-360 is pending at USCIS, applicants can apply for I-485 to adjust their status in the U.S. if the following requirements are met:

• You were inspected and admitted or inspected and paroled into the United States;
• You are physically present in the United States at the time you file your Form I 485;
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you when you file your Form I-485 and at the time USCIS makes a final decision on your application;
• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS' discretion.

In general, USCIS can only approve your green card application if none of the grounds of inadmissibility apply to you. However, as an SIJ, you are exempt from some of the grounds of inadmissibility listed in INA 212(a) including unlawful presence, present without admission or parole.

What are the steps for an SIJ to obtain a green card?

Step 1: Obtain a state court order or administrative documents that establish eligibility for SIJ classification. Usually, the child must be the subject of a state court custody order.

Step 2: Complete the SIJS application by submitting Form I-360 to USCIS.

Step 3: Apply for adjustment of status by submitting Form I-485 to USCIS.