🛡️ What is Special Immigrant Juvenile Status (SIJS)?

There are several options for immigration relief that may be available to you. “Immigration relief” refers to the different ways to get lawful status within the United States.  

☝🏾“Lawful status” means that a person has been given permission to live or work in the US.  

☝🏾 You can think about it as getting “relief” from—or legally avoiding—deportation (when the U.S. government orders that you leave the country and go back to your home country).  

Some of the options for immigration relief include: 

• Asylum
• Special Immigrant Juvenile Status (SIJS)
• Family Petition
• U Visa
• T Visa 

In this article, we help you understand SIJS by responding to the following questions: 

1. What is SIJS?
2. Who is eligible to seek SIJS?
3. How do I apply for SIJS? 

And if you’d like to learn more about the other types of immigration relief, check back soon... we’ll be publishing explainers of other common types of relief! 

For information about asylum, check out our asylum article and infographic.  

☝ Note! The SIJS process can be complicated and every person’s case is different. It is extremely important that you talk to an attorney about whether you can apply for SIJS or another form of protection from deportation.   

 

1. What is SIJS? 

SIJS is a type of relief for immigrant children who have been “abandoned, abused, or neglected” by a parent. Children who are granted SIJS can legally stay in the United States and eventually apply for a green card (legal permanent residency) when one becomes available. 

The words “abandoned,” “abused,” and “neglected,” can sound like scary or intimidating words. In the case of SIJS, these words all essentially mean that your home situation is harmful to you, in some way or another. Note: each state sets their own definition of these words, and it’s important to know that the meaning can be different depending on where you live. Below are some general definitions to help you understand these terms. 

• 🤕 Abuse means that someone is hurting you. Abuse can come in many forms, like emotional or physical abuse. In the case of SIJS, it may not mean that your parents or parent abused you. If someone else (like a relative or a neighbor) is hurting you and your parents can’t keep you safe, this may count as abuse.  
• 😰 Neglect is when one or both parents can’t or don’t give you the care that you need to live happy and healthily. If your parents can’t feed you, give you a safe place to sleep, or aren't able to take care of you when you’re sick, it could be considered neglect.  
• 😔 Abandonment is when one or both parents are not there at all to take care of you. This could be because they passed away, or because they left (for any reason). If you have not seen your parent or parents, or you have not had any contact with them, this is legally considered abandonment by many states.  

It’s important to remember that the definition of “abandoned, abused, and neglected” might be different in your home country. Behavior that may be considered a normal part of the culture in some places, may be considered abuse or neglect in others.  

It’s also important to note that applying for SIJS does NOT have to mean that your parents are bad people or bad parents. If your parents or parent are unable to take care of you (even if they want to), you may qualify for SIJS.  

It’s really important to talk to an attorney as soon as possible so that they can help you understand if you qualify for SIJS.  

 

2. Who is eligible to seek SIJS? 

In order to qualify for SIJS, you must meet the following criteria: 

-📍 You are living in the U.S. 

• • • This probably means that you are living in the U.S. without documentation or lawful status, and you may be in removal proceedings (you already have a case in Immigration Court).
    • Note! You can NOT apply for SIJS from outside of the U.S.

-🧒 You are under 21 years old.

• • • Note! Although you can file for SIJS until you are 21, some states require you to complete other steps of the application process (like getting a juvenile court order) before you are 18. Check with an attorney to make sure that you know the age requirements in the state where you live.  

-❌💍 You are not married.

-❌👩‍👦  You are unable to live with at least one of your parents because your home situation is harmful to you OR you parent cannot care for you. 

-👩‍⚖️📃 A juvenile court in the U.S. must give you a court order saying that:

1. 1. 1. You have been declared dependent or placed under custody of a state agency, department, or an individual appointed by a state court. In other words, you rely on someone for support and to take care of you, or the state is taking care of you. 
      2. You cannot be reunified with one or both parents because of abuse, abandonment, or neglect. 
      3. Returning to your home country is not “in your best interest.”
         • • Note: Getting a juvenile court order is an essential step to getting SIJS. Every state has a different process for juvenile court orders, and it’s really important that you talk to an attorney so that they can help you with this step.  

Important: If you are granted SIJS, you will not be able to petition for immigration benefits for your parents. 

3. How do I apply for SIJS? 

1. ⚖️📅 Make sure you go to all of your court hearings. If you are an Unaccompanied Minor in the U.S., you probably already have a court hearing scheduled. Missing any scheduled court hearings can have serious consequences on your application process, and can cause you to get deported. 

• • If you are applying for SIJS, tell the judge at your court hearing that you would like to apply for SIJS. 
  • Note: If you do not have an attorney yet, you must still go to your court hearing no matter what. Tell the judge at your hearing that you need time to find an attorney. 

Useful tip: Check your case status frequently so that you always know when and where your court hearing is. Sometimes the date and time of your hearing will change, so it’s important to check your case status often. You can check it by phone or online. For more information on how to check your case status, check out our infographic.  

• • If you need help finding an attorney, contact us.  

2. 👩‍⚖️📃 Your attorney will help you through the process of getting a juvenile court order.  

Here we include some resources to help you in your process of finding an attorney and about how to work with an attorney: 

• • 4 important topics to keep in mind when looking for an attorney. 
  • How to avoid immigration fraud and scams. 
  • What to expect when you call an attorney. 
  • How should I prepare for my first immigration consultation?

3. 📄📨 Once you have your juvenile court order, fill out form I-360 and send it to U.S. Citizenship and Immigration Services (USCIS).  

• • Your application will include the juvenile court order. 
  • Note: Once you have a pending SIJS application with form I-360, Immigration and Customs Enforcement (ICE) should pause any removal proceedings against you. In other words, ICE should not deport you while you have an SIJS application in process.  
  • While your application is in process with USCIS, make sure to continue to go to all of your scheduled court hearings. 
    • • • You or your attorney will explain to the judge that you need more time while you wait for a decision on your SIJS application. 

4. ✅❌ You will receive a decision.  

• • Unfortunately, there is not exact amount of time that this process can take. It can take a few months, or it can take a lot longer.  
  • Make sure you keep checking your mail and your case status. If you move to a new address, always make sure to file a Change of Address so that you don’t miss any important notices.  
    • • • For more information about how to file a Change of Address, check out this infographic.  

5. ➡️ Once you receive a decision, your journey to legal status is not finished. 

• • If USCIS denies your application: 
    • • • You may have the option to appeal. Talk to your attorney about this option.  
  • If USCIS approves your application:
    • • • You will have to inform the judge at your next hearing that your petition has been approved. 
        • You will have to file for an adjustment of status. This is the next step toward becoming a legal resident (getting a green card). Unfortunately, getting to this step in the process can take time. While you wait, it’s likely that you will be given deferred status. This means that you are protected from deportation, and that you can apply for a work permit. Talk to your attorney about the timeline to make sure that you don’t miss the deadline. 

 

This page provides general information and should not be considered legal advice. Please be sure to speak to an attorney about your specific case. 

 

Sources: 

USCIS. (January, 2025). Special Immigrant Juveniles. https://www.uscis.gov/working-in-US/eb4/SIJ 

ILRC. (May, 2024). What is Special Immigrant Juvenile Status? https://www.ilrc.org/sites/default/files/2024-05/What%20is%20SIJS_May%202024.pdf 

CILA Academy. Pathway to Special Immigrant Juvenile Status and Green Card. https://cilacademy.org/pathway/ 

FIRRP. (2022). How to Apply for Special Immigrant Juvenile Status (SIJS). https://firrp.org/media/SIJS-Guide.pdf