Special Immigrant Juvenile (SIJ) classification offers protection and a way to get a Green Card for children in the U.S. who have been abused, abandoned, or neglected by a parent. To qualify, a juvenile court order and approval from U.S. Citizenship and Immigration Services (USCIS) are required. SIJ status helps vulnerable youth obtain lawful permanent residency.
What Is Special Immigrant Juvenile (SIJ) Classification?
Special Immigrant Juvenile (SIJ) classification is a federal immigration status designed to protect children and youth in the United States who have experienced abuse, abandonment, or neglect by one or both parents. SIJ classification can qualify young people for lawful permanent residency (also known as a Green Card), which enables them to live and work in the U.S. legally.
SIJ status is unique in that it offers both state juvenile court protection and federal immigration relief. U.S. state courts are the only ones that deal with cases of abuse or neglect. SIJ classification can be granted as permanent residency through approval by the United States Citizenship and Immigration Services (USCIS).
Eligibility Criteria for SIJ Classification
To be considered for SIJ classification, one must fulfill several prerequisites:
- If you file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, you must be under the age of 21 at the time of filing.
- Currently, you must reside in the United States.
- To file and receive a petition from USCIS, you must be unmarried.
- Juvenile Court Order showing:
Your care is under the jurisdiction of either the court or a state agency, department, or individual appointed by the court.
State law bars you from reuniting with one or both parents due to abuse, abandonment, and neglect.
- To obtain immigration benefits, the juvenile court order must be granted in consideration of relief from abuse or neglect.
- If a juvenile court order changes your custody status or placement status, you must obtain written consent from HHS if you are under the custody of ORR.
Role of State Juvenile Courts
The SIJ process also involves state juvenile courts. Why? They issue orders that verify the applicant’s custody or dependency. Moreover, these courts have the authority to make decisions regarding the child’s best interests and the reunification of parents. The names and jurisdictions of these entities differ from state to state, and they are regulated by state law.
Using SIJ Classification for a Green Card?
Once an immigrant visa is available and USCIS has approved your SIJ petition, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-360 can be filed alongside Form I-485 if the visa is immediately available.
After filing, USCIS will schedule biometrics appointments and may request additional evidence, including a medical exam. Approval of Form I-485 gives you a Green Card, allowing you to live and work permanently in the U.S.
Important Considerations
- SIJ classification protects you but does not give immigration benefits to your parents, even if they are not responsible for abuse or neglect.
- If USCIS denies your SIJ petition or Green Card application, you may appeal or file motions to reopen or reconsider.
- During the application process, USCIS will not require you to get in touch with or notify the people who mistreated, neglected, or abandoned you.
Resources and Assistance
On its website, USCIS provides comprehensive forms and guidance, including the Policy Manual and instructions for Forms I-360 and I-485.
USCIS can assist state juvenile courts and child welfare agencies in gaining a better understanding of the SIJ process. Accredited representatives and legal aid organizations can help you navigate the intricate requirements and make sure your filing is done on time.
To stay up-to-date and informed, visit our news page, ask your immigration questions on Immigration Question, and get responses from licensed attorneys. For attorneys, streamline your case and lead management when you download the Immigration Question app.
