How to Apply for SIJS Visa?

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief available to undocumented minors in the United States who have suffered abuse, neglect, or abandonment by a parent. It provides a legal pathway for vulnerable youth to obtain lawful status and eventually apply for a green card, and at Tingen Law, we’re here to walk with you every step of the way.

To qualify for SIJS, an applicant must be under 21 years old and meet certain legal criteria. The process must start while the applicant is still a minor, as in most states—including Virginia—a custody order must be obtained before turning 18. Once this order is in place, the minor must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, before reaching 21 to secure SIJS eligibility.

SIJS is crucial for undocumented youth because it offers a way to escape unsafe living conditions and gain legal protection. Many minors who qualify for SIJS have faced significant hardship, and this status allows them to remain in the U.S. without fear of deportation.

The benefits of SIJS extend beyond legal residency. It provides a direct path to obtaining a green card, grants protection from removal proceedings, and allows recipients to apply for a work permit. These opportunities help undocumented youth build a stable and secure future in the United States.

Step 1: Confirm Eligibility for SIJS Visa

Before applying for Special Immigrant Juvenile Status (SIJS), it is essential to confirm eligibility based on specific legal criteria.

1. Age Requirement: Applicants must be under 21 years old at the time of filing Form I-360. However, in many states, including Virginia, a custody order must be obtained before the minor turns 18. This makes it critical to start the process early.
2. Marital Status: The applicant must be unmarried at the time of filing. If they marry before completing the SIJS process, they will lose eligibility. Additionally, they have to remain unmarried until they obtain permanent residence.
3. State Court Order: A juvenile or family court must issue an order that includes:
   • A finding that reunification with one or both parents is not possible due to abuse, neglect, or abandonment.
   • A determination that returning to the child’s home country is not in their best interest.
4. Jurisdiction Differences: SIJS eligibility requirements can vary by state. Some states require applicants to file for custody before turning 18, while others allow filings up until 21. In Virginia, obtaining a custody order before 18 is necessary to proceed with SIJS.

Understanding these requirements early ensures that applicants take the right legal steps to qualify for SIJS and avoid missing crucial deadlines.

Step 2: Obtain a State Court Order

To qualify for Special Immigrant Juvenile Status (SIJS), a state court order is required to establish that the child meets the eligibility criteria. This order serves as the legal foundation for SIJS and confirms that the juvenile is in need of protection due to abuse, neglect, or abandonment.

Where to File?

The specific court to file in depends on the state and the child's situation:

• Family Court – Typically used for cases involving custody or guardianship.
• Dependency Court – Used when the child is in the foster care system or under state protection.
• Guardianship Court – Used when a non-parent is seeking legal guardianship of the child.

What the Court Order Must Include:

To be valid for SIJS, the state court order must contain three key findings:

1. A declaration that the child has been abused, neglected, or abandoned by one or both parents.
2. A determination that it is not safe for the child to return to their home country.
3. A legal guardian designation (if necessary), ensuring the child has appropriate care in the U.S.

This state court order is a critical step in the SIJS process, as USCIS cannot grant SIJS without it.

Step 3: File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Once a state court order has been obtained, the next step in the SIJS process is filing Form I-360, a petition submitted to U.S. Citizenship and Immigration Services (USCIS) to recognize a minor as a Special Immigrant Juvenile. This is a crucial step in securing SIJS protection.

Required Documents:

When filing Form I-360, the following documents must be included:

1. State Court Order – A copy of the court order confirming abuse, neglect, or abandonment and stating that it is not in the minor’s best interest to return to their home country.
2. Birth Certificate or Proof of Age – To verify that the applicant meets the age requirement.
3. Other Supporting Evidence – Additional documents such as affidavits, police reports, or medical records may strengthen the case.

Filing Fee:

There is no filing fee for SIJS petitions, making it accessible for eligible minors.

Processing Time:

The time it takes for USCIS to process Form I-360 varies but typically ranges from several months to over a year. Delays may occur, particularly if visa backlogs affect the availability of green cards under SIJS.

Successfully filing Form I-360 is a major milestone in the SIJS process, paving the way for applying for lawful permanent residence.

Step 4: Apply for Adjustment of Status (Form I-485) if Eligible

After receiving SIJS approval, the next step is applying for adjustment of status using Form I-485, which allows eligible applicants to become lawful permanent residents (green card holders).

When Can You Apply?

To file Form I-485, an applicant must meet two key conditions:

1. Approved Form I-360 – USCIS must have granted SIJS status.
2. Visa Availability – A green card must be available under the SIJS category, though delays can occur due to visa backlogs.

Required Documents for Form I-485:

When submitting the application, the following documents must be included:

1. Proof of SIJS Approval – A copy of the USCIS approval notice for Form I-360.
2. Birth Certificate – To verify identity and age.
3. Medical Exam Results (Form I-693) – A medical examination completed by a USCIS-authorized doctor.

Work Permit Eligibility:

Applicants can apply for a work permit (Employment Authorization Document - EAD) while waiting for their green card approval. This allows them to work legally in the U.S. during the processing period.

Processing Time:

The timeline for Form I-485 varies, but it typically takes 1 to 2 years or more. Processing delays can occur due to background checks, visa availability, or USCIS workloads.

Completing this final step leads to lawful permanent residence, securing long-term stability and legal protection for SIJS recipients.

Challenges and Common Issues in SIJS Applications

Applying for Special Immigrant Juvenile Status (SIJS) can be complex, and applicants often face challenges that may delay or complicate the process. Here are some common issues and ways to address them:

1. Delays Due to Visa Availability – Certain countries, particularly Mexico and Central America, experience visa backlogs due to high demand. Even after Form I-360 approval, applicants may have to wait for a visa to become available before applying for a green card. Monitoring visa bulletins and seeking legal guidance can help manage expectations and plan accordingly.
2. State Court Challenges – Some state courts may be unfamiliar with SIJS requirements, leading to confusion or reluctance to issue the necessary findings. Working with an experienced immigration attorney can ensure that the court order includes the correct language and meets USCIS requirements.
3. Parental Opposition – In some cases, a parent may oppose the SIJS claim, disputing allegations of abuse, neglect, or abandonment. Applicants should gather strong supporting evidence, such as police reports, affidavits, or medical records, to strengthen their case in court.
4. Aging Out – Since SIJS eligibility ends at age 21, timing is crucial. In states like Virginia, applicants must obtain a custody order before turning 18 to proceed. Minors approaching the deadline should file as early as possible and consider expedited legal motions if delays threaten their eligibility.

Understanding these challenges and preparing for them in advance can significantly improve the chances of a successful SIJS application.

What Happens After Approval?

Once an applicant successfully completes the SIJS process, they gain important legal protections and new opportunities in the U.S.

1. Green Card Issuance – After Form I-485 is approved, the applicant officially becomes a lawful permanent resident (LPR) of the United States. This status allows them to live, work, and study in the U.S. without fear of deportation.
2. Path to Citizenship – After holding a green card for five years, SIJS recipients are eligible to apply for U.S. citizenship through naturalization, provided they meet residency and good moral character requirements.
3. Limitations of SIJS:
   • No Family Sponsorship – SIJS recipients cannot petition for their parents or siblings to obtain lawful status in the U.S., as the law assumes parental reunification is not in their best interest.
   • Must Maintain Good Moral Character – Engaging in criminal activity or fraud can jeopardize green card status and future citizenship applications. Maintaining a clean record is essential for long-term immigration benefits.

While SIJS provides a path to stability and legal residency, it comes with certain restrictions. However, for many undocumented youth, it offers a life-changing opportunity to build a secure future in the United States.

Conclusion

For undocumented minors who have experienced abuse, neglect, or abandonment, Special Immigrant Juvenile Status (SIJS) offers a critical pathway to legal protection and a secure future in the U.S. However, because of strict eligibility requirements—especially the age limit—it is essential to start the process as early as possible.

Given the complexity of SIJS applications, consulting with an experienced immigration attorney is highly recommended. An attorney can help navigate state court procedures, USCIS requirements, and potential challenges such as visa backlogs or parental opposition.