SIJ Status Filing Tips
This guide is intended for immigrants seeking to obtain Special Immigrant Juvenile Status for a child who has been the victim of abuse, abandonment or neglect.
PurposeSpecial Immigrant Juvenile Status (SIJ) status is intended for certain children who are unable to be reunited with a parent. Children who get a green card through the SIJ program can live and work permanently in the United States.
EligibilityTo petition for SIJ you must have a state court determine the following: To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and It is not in your best interests to return to your home country (or the country you last lived in) and
You cannot be reunited with a parent because of ANY of the following: Abuse, Abandonment, Neglect, Similar reason under state law
After you obtained the necessary state court finding, the following grounds of eligibility apply:
1. You must be under 21 years old on the filing date of the Form I-360.
2. Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application;
3. You cannot be married, both when you file your application and when USCIS makes a decision on your application;
4. You must be inside the United States at the time of filing the Form I-360
Forms Needed for FilingDepending on your specific circumstances (i.e. you may require a waiver for a ground of inadmissibility) the following forms will need to be filed with USCIS upon obtaining the necessary state court order.
I-360, Petition for Amerasian, Widow(er), or Special Immigrant
I-485, Application to Register Permanent Residence or Adjust Status
I-765, Application for Employment Authorization
I-601, Application for Waiver of Grounds of Inadmissibility
I-912, Request for Fee Waiver
The I-360 should accompany the following:
Certified copy of the court order showing the decisions mentioned in Eligibility for SIJ Status;
Copy of your birth certificate, or other evidence of your age, and its English translation;
Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if an attorney or accredited representative represents you;