If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned, or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).
You have been abused, abandoned, or neglected by a parent
A state juvenile court has made specific findings about your situation
You are under the jurisdiction of a juvenile court or were when SIJ findings were made
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Regulatory Criteria
State Juvenile Court Orders
To be eligible for SIJ classification, a state juvenile court must make specific findings about your situation. These findings are documented in a court order.
Examples
The juvenile court has jurisdiction over you as a juvenile
Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law
It is not in your best interest to return to your or your parent's country of nationality or last habitual residence
Petition for SIJ Classification (Form I-360)
After obtaining the required state court order, you must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to request SIJ classification from USCIS.
Examples
File Form I-360 with USCIS
Include certified copy of state court order with SIJ findings
Include evidence of age (birth certificate or other documentation)
Include evidence of status as unmarried
Filing Before Your 21st Birthday
You must file Form I-360 before your 21st birthday. USCIS allows in-person filing for applicants approaching their 21st birthday.
Examples
Form I-360 must be filed before you turn 21
In-person filing available for those approaching 21st birthday
Age is determined at the time of filing, not adjudication
Certain delays caused by USCIS may allow for age-out protection
Green Card Based on SIJ Classification (Form I-485)
After USCIS approves your Form I-360, you may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if an immigrant visa number is immediately available.
Examples
File Form I-485 after I-360 approval
Must have an immediately available immigrant visa number
SIJ applicants are exempt from certain grounds of inadmissibility
Green Card grants lawful permanent residency in the United States
Visa Number Availability
SIJ classification falls under the EB-4 category, which has annual numerical limits. If an immigrant visa number is not immediately available, you may need to wait.
Examples
EB-4 category has annual numerical limits
Check the Visa Bulletin for current priority dates
Priority date is established when Form I-360 is filed
Some SIJ applicants may experience wait times depending on country of chargeability
Protections and Exemptions
SIJ applicants have certain protections and may be exempt from some grounds of inadmissibility that apply to other immigrant categories.
Examples
Exempt from public charge ground of inadmissibility
Exempt from labor certification requirements
May be eligible for work authorization while case is pending
Cannot petition for natural or prior adoptive parents
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Application Process
Obtain Court Order
State juvenile court makes required findings about abuse, neglect, or abandonment.
File Form I-360
File petition for SIJ classification with USCIS before turning 21.
USCIS Review
USCIS reviews petition and makes determination on SIJ classification.
Wait for Visa Number
If visa number not immediately available, wait for priority date to become current.
File Form I-485
Apply for adjustment of status when visa number is available.
Green Card
Receive lawful permanent resident status upon approval.
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Key Benefits
Path to lawful permanent residency (Green Card)
Protection for abused, abandoned, or neglected children
Exempt from public charge inadmissibility ground
Exempt from labor certification requirements
May be eligible for work authorization while case is pending
Path to U.S. citizenship after 5 years of permanent residency
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Documents Needed
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Certified copy of state juvenile court order with required SIJ findings
Birth certificate or other evidence of age
Evidence that you are unmarried
Passport or other identity documents (if available)
Form I-485, Application to Register Permanent Residence (for adjustment)
Medical examination (Form I-693) for I-485
Passport-style photographs
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Frequently Asked Questions
What is Special Immigrant Juvenile (SIJ) classification?
SIJ classification is an immigration status for children in the United States who have been abused, abandoned, or neglected by a parent and who need the protection of a juvenile court. If SIJ classification is granted, you may qualify for lawful permanent residency.
What court findings are required for SIJ classification?
A state juvenile court must find that: (1) it has jurisdiction over you as a juvenile, (2) reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis, and (3) it is not in your best interest to return to your or your parent's country of nationality or last habitual residence.
Can I file Form I-360 after I turn 21?
No. You must file Form I-360 before your 21st birthday. USCIS allows in-person filing for applicants approaching their 21st birthday to ensure timely submission.
Can I get a Green Card immediately after SIJ approval?
It depends on visa number availability. SIJ classification falls under the EB-4 category, which has annual limits. If a visa number is immediately available, you can file Form I-485. If not, you must wait for your priority date to become current.
Can I petition for my parents after I become a permanent resident?
No. SIJ-based permanent residents cannot petition for their natural or prior adoptive parents for immigration benefits. This restriction continues even after naturalization.
Am I exempt from the public charge rule?
Yes. SIJ applicants are exempt from the public charge ground of inadmissibility that applies to many other immigrant categories.
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Fees
Full service fee
$7,500 (Initial $1,200)
FedEx Fee
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Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.