Special Immigrant Juvenile (SIJ) Status

For immigrant children in the United States who have faced abuse, neglect, or abandonment, Special Immigrant Juvenile Status (SIJS) provides a vital path to safety and stability. But the process can be overwhelming, especially because it requires navigating both the family court and U.S. Citizenship and Immigration Services (USCIS).

What Is Special Immigrant Juvenile (SIJ) Status?

SIJ status is an immigration classification for certain undocumented children in the U.S. who cannot reunite with one or both parents due to abuse, neglect, or abandonment.

If granted, SIJ status allows the child to:

• Apply for a green card (lawful permanent residency).
• Live and work legally in the U.S.
• Build a safe and secure future without the threat of deportation.

Step One: Family Court Findings

Before applying with USCIS, a child must go through the family court to obtain a Special Findings Order.

Family court must determine that:

• The child is under 21 years old and unmarried.
• The child cannot be reunited with one or both parents due to abuse, neglect, or abandonment.
• It is not in the child’s best interest to return to their home country.

These findings are crucial, but the family court does not grant SIJ status; it only issues the findings that support the immigration application.

Step Two: Filing with USCIS

Once the family court order is obtained, the child (through their attorney or guardian) must file Form I-360 with USCIS.

• Review: USCIS reviews the family court findings and evaluates the child’s eligibility.
• Decision: If approved, the child gains SIJ classification and can apply for a green card.

Overlapping Challenges

The SIJ process can be complicated because it requires navigating two different systems:

• Family Court: A state-level process with its own timelines, judges, and legal standards.
• USCIS: A federal immigration agency with strict paperwork, evidence, and deadlines.

Delays, miscommunication, or mistakes in either system can harm the child’s case.

Special Immigrant Juvenile Status offers vulnerable children a pathway to safety, stability, and a brighter future in the United States. But the process is not simple; it requires navigating both the family court andUSCIS, each with its own rules and challenges.