Special Immigrant Juvenile (SIJ) Status: A Pathway to a U.S. Green Card for Vulnerable Youth
If you are in the United States and require protection from a juvenile court due to abuse, abandonment, or neglect by one or both parents, you may qualify for Special Immigrant Juvenile (SIJ) status. Successfully obtaining SIJ status could make you eligible for lawful permanent residency (a “green card”). This humanitarian protection is codified under U.S. immigration law to safeguard vulnerable minors while respecting state court authority over child welfare matters.
Eligibility Requirements for SIJ Status
To qualify, you must meet all of the following criteria:
- Be under 21 years old when filing Form I-360 (Petition for SIJ Classification).
- Reside in the U.S. at the time of application. SIJ status cannot be pursued from abroad.
- Be unmarried (never married, or previously married but now legally divorced/annulled).
- Hold a valid juvenile court order from a U.S. state court that specifically states:
- You are dependent on the court or under the custody of a state agency/designated individual/entity.
- Reunification with one or both parents is not viable due to abuse, abandonment, or neglect.
- Returning to your (or your parents’) country of nationality/last habitual residence is not in your best interest.
Exceptions to Ongoing Court Jurisdiction
You do not need to remain under the court’s jurisdiction if it ended solely because:
- You were adopted or placed in permanent guardianship; OR
- You aged out of the court’s jurisdiction (varies by state; some states cap jurisdiction at 18).
Required Documents for SIJ Applications
- Birth certificate copy (with certified English translation if applicable)
- Certified juvenile court order meeting SIJ requirements
- Written consent from the U.S. Department of Health and Human Services (if under their custody)
- Passport-style photos
- Medical examination report (Form I-693)
Key Notes:
- No valid passport or lawful entry proof is required for SIJ-based green card applicants.
- No financial sponsorship (Form I-864) is needed. Instead, file Form I-864W (Request for Exemption) without supporting documents.
Acceptable Proof of Birth Date/Place:
- Birth certificate or notarized birth affidavit
- Baptismal certificate
- School/hospital/vaccination records
- Sworn affidavits from witnesses with personal knowledge of your birth details
Application Fees
- Form I-360: No fee for SIJ petitioners (automatically exempt).
- Form I-485: Standard fee is $1,225, but fee waivers are available if:
- Low income: Household income ≤ 150% of federal poverty guidelines.
- Receiving means-tested benefits: E.g., SNAP, Medicaid, SSI.
- Financial hardship: Due to emergencies (medical crises, unemployment, etc.).
Added Context: Fee waivers require submission of Form I-912 with supporting evidence (e.g., tax returns, benefit letters). USCIS reviews these requests case-by-case.
Special Provisions for Undocumented Youth
Under INA § 245(h)(1), SIJ applicants may adjust status even if they entered the U.S. unlawfully. This critical exception recognizes the vulnerability of this population.
Grounds of Inadmissibility: What SIJ Applicants Need to Know
Exceptions for SIJ Applicants
The following grounds do NOT apply to SIJ-based green card seekers:
- Public charge
- Unauthorized employment
- Overstaying a visa
- Fraud/misrepresentation (e.g., fake passports)
- Unlawful presence triggering 3/10-year bars
Waiver-Eligible Grounds
Certain inadmissibility issues may be overcome with a waiver, including:
- Criminal offenses (non-aggravated)
- Failure to attend removal proceedings
- Smuggling-related violations
- Student visa abuses
- Prior deportation orders
Absolute Bars
No waivers exist for:
- Aggravated felonies (e.g., murder, trafficking)
- Drug trafficking
- Terrorist activities
- Participation in genocide/torture/extrajudicial killings
Added Legal Context: These restrictions align with INA § 212(a). Consultation with an immigration attorney is critical if any inadmissibility issues exist.
Concurrent Filing of SIJ Status and Green Card Applications
If the EB-4 visa category (Special Immigrants, including SIJ) is “current” in the Visa Bulletin, you may file Forms I-360 and I-485 together. Otherwise:
- File Form I-360 first.
- Check the priority date on your I-797C receipt notice.
- Submit Form I-485 once your priority date becomes current (even before I-360 approval).
Post-Submission Steps:
- Biometrics appointment: Required for applicants aged 14+.
- Interview: USCIS may schedule an interview to verify eligibility.
Key Additions:
- Legal citations (INA, CFR) to enhance accuracy.
- Form I-912 clarification for fee waivers.
- Visa Bulletin explanation and EB-4 category context.
- Emphasis on attorney consultation for complex inadmissibility cases.
- Humanitarian intent of SIJ program in the introduction.
Legal Disclaimer: This guide is for informational purposes only. Consult a qualified immigration attorney for case-specific advice.