Green Card for Children: What is Special Immigrant Juvenile Status? Who is eligible?

Special Immigrant Juvenile Status (SIJS) is a petition process which initially requires a predicate order from a state court and then an approved I-360 petition with United States Citizenship and Immigration Services (USCIS). The SIJS program was enacted by Congress as part of the Immigration Nationality Act of 1990 and signed into law by President George H.W. Bush that same year. The program permits undocumented children under the age of 21 who have been abused, neglected, or abandoned by one or both parents to obtain lawful permanent resident (green card holder) status within the United States. If you are considering applying for SIJS for a family member or would like to know more about the process, please do not hesitate to contact our office today to schedule an appointment.

Special Immigrant Juvenile Status is a process that involves both a state court and USCIS. The process usually spans a number of years, but once approved and completed, the applicant receives a green card.

The initial step in the SIJS process is a predicate order from a state court. The order must include what are usually referred to as SIJS or SIJ findings:

1. The applicant is under 21 years old;

2. The applicant is unmarried;

3. The applicant is declared dependent upon a juvenile court. This usually mean that a

a state juvenile court (Family Court in New Jersey) has accepted jurisdiction over a petition

filed by the applicant. Typically, this is a custody and/or child support application.

4. Reunification with one or both of the applicant’s parents is not a viable option due to abuse, abandonment, neglect or a similar basis under state law; AND

5. It is not in the best interests of the applicant to return to his/her country of nationality

or last residence.

After receiving the predicate order from the state court, you are ready to prepare and file your Form I-360 for Special Immigrant Juvenile Status. The estimated processing times, as provided by the USCIS website, range anywhere from 8 months to 40 months as of the date of this writing. However, I would caution that these estimates are not necessarily reliable. Just last week, I had an I-360 approved in 4 months. Sometimes it takes longer than the estimates USCIS publicly provides. The estimates are hit or miss.

Once you have an approved I-360 from USCIS, then you are ready for the final step: applying for the green card with USCIS. Unfortunately, you typically cannot jump right into this step. Usually, there is a waiting period of a few years before you can apply for the green card. The reason is because you have to wait for a "visa to become available" in your preference category before you can file your application with USCIS. Every month, the Department of State publishes a "Visa Bulletin" which includes both employment-based and family-based categories and under each there are both "Final Action Dates" and "Dates for Filing." An applicant will have to wait for the priority date from their approved I-360 with USCIS to be on or before the date provided by the Visa Bulletin. Once that occurs then a "visa becomes available" and the applicant is able to apply for the green card.

The Special Immigrant Juvenile application process is difficult to navigate for inexperienced applicants. The process begins in Family Court (the Superior Court of New Jersey- Family Part for readers of this post living in New Jersey) and then transitions to USCIS. My office handles both the family court and USCIS portions of a SIJS case. Retaining an experienced immigration attorney, like Jeffrey Olsen, is highly recommend so you can navigate this process as effectively and smoothly as possible. If I can be of any assistance in helping you with your Special Immigrant Juvenile application or any other immigration matter, please do not hesitate to reach out today.

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The information in this blog is provided solely for informational purposes. The information provided is not intended to create an attorney-client relationship and shall not be construed as legal advice on any specific matter. Each legal matter is unique and requires an analysis based on the particular circumstances. As a result, the information provided here may not be applicable in every situation, including your situation, and action should not be taken based on this information without seeking specific legal advice based on particular circumstances. Results may vary depending on your particular facts and legal circumstance.