Navigating SIJ Status Through Family Court and USCIS

A Path to Protection for Vulnerable Youth

For many undocumented minors in the United States, especially those who’ve experienced abandonment, neglect, or abuse, Special Immigrant Juvenile (SIJ) status offers a critical legal lifeline. But the path to safety isn’t easy. SIJ is a two-step process that requires going through state family court and federal immigration (USCIS) procedures, often simultaneously.

At Kareem El Nemr Law Office, we work closely with Arabic-speaking immigrant families in New York, New Jersey, and nationwide to help eligible youth secure SIJ status and, eventually, a green card.

What Is SIJ Status and Who Qualifies?

Special Immigrant Juvenile (SIJ) classification allows certain undocumented minors to apply for lawful permanent residence in the U.S. if they meet the following conditions:

• Under 21 and unmarried
• Physically present in the U.S.
• Have a family court order stating they cannot reunify with one or both parents due to abuse, neglect, or abandonment
• It is not in their best interest to return to their home country

Unlike other immigration pathways, SIJ status does not allow green card holders to petition for their parents, acknowledging that the relationship has been legally severed.

Step 1: Getting a Family Court SIJ Predicate Order

The first step is obtaining a court order from a juvenile or family court. This order must state:

• The child is dependent on the court or placed in custody
• Reunification with one or both parents isn’t possible due to abuse, neglect, or abandonment
• It’s not in the child’s best interest to return to their home country

In New York and New Jersey, courts can issue these orders up until the youth turns 21, giving added flexibility. This order is the foundation for the SIJ process; it must be clear, detailed, and legally sound.

Step 2: Filing with USCIS (Form I-360)

Once the court order is obtained, the youth must file Form I-360 with U.S. Citizenship and Immigration Services (USCIS) before their 21st birthday. USCIS will evaluate:

• The validity of the court order
• The child’s age and marital status
• Whether the request is truly about protection, not just for immigration benefits

Important: Filing before age 21 “locks in” eligibility, even if the applicant turns 21 while the petition is pending.

Step 3: Applying for a Green Card (Form I-485)

If USCIS approves the SIJ petition, the youth can apply for a green card when a visa becomes available. This is done through Form I-485 (Adjustment of Status).

However, as of 2025, USCIS no longer grants automatic deferred action or work permits to SIJ applicants who are waiting for a visa due to backlogs. This change increases vulnerability, especially for youth without legal status or in deportation proceedings.

SIJ and Immigration Court: What Happens If You’re in Removal Proceedings?

Many SIJ-eligible youth are also in immigration court (deportation proceedings). This does not prevent you from applying for SIJ.

With proper legal help, your attorney can:

• Ask the judge for more time to complete the SIJ process
• Terminate or pause the case once the I-360 is approved
• Apply for the green card through the court or USCIS, depending on your situation

This coordination is essential; we ensure clients facing deportation are not removed before their immigration relief is processed.

Timing Is Everything: Avoiding “Age-Out” Issues

Even though USCIS accepts SIJ applications until age 21, family courts may have different rules. Some states don’t allow guardianship or custody cases after age 18. Fortunately, New York and New Jersey extend jurisdiction to 21, but starting early is key.

What If the Youth Is Detained or in ORR Custody?

If a minor is in federal custody (e.g., ORR shelter) or detained by ICE, pursuing SIJ is still possible, but more complex.

• For youth in ORR custody, the court must get federal permission (specific consent) before issuing custody orders.
• For youth 18+ in ICE detention, getting a new court order may no longer be possible unless one already exists.

Legal representation is critical in these cases. Our office works to quickly assess options and fight for release or relief where possible.

Common Challenges in SIJ Cases

• Missing deadlines due to age-out issues
• Family court orders lacking key findings
• Delays at USCIS or visa backlogs
• Lack of legal representation in court
• Confusion between immigration and family court processes

With the right legal team, these issues can often be avoided or corrected.

How Kareem El Nemr Law Office Supports SIJ Applicants

We support our clients through every step:

• Drafting complete family court petitions
• Coordinating guardianship or custody cases
• Preparing and filing USCIS forms
• Communicating with the immigration court and ICE
• Protecting clients from deportation while waiting for a green card
• Offering Arabic-speaking support for families navigating a complex system

A Safer Future Starts with Action

The SIJ process is not simple, but for many immigrant youth, it’s a life-changing opportunity for safety, stability, and a future in the U.S. free from fear. Whether you’re a minor in foster care, living with a relative, or facing court on your own, you deserve guidance and protection.