Special Immigrant Juvenile Status

The Special Immigrant Juvenile Status (SIJ) also known as the juvenile visa allows certain young immigrants in vulnerable situations to qualify for a Green Card.

However, the process can be complex, so it is advisable to seek the assistance of our Los Angeles immigration lawyers.

Don’t risk taking on the immigration system alone, contact us today. 

Who Qualifies For the Special Immigrant Juvenile Status In 2024?

Meeting the SIJS requirements is key to start the procedures and obtain this status. To do this, whoever wishes to apply must:

• Live in the United States;
• Be single. If you have been married, your marriage should have been annulled or legally terminated;
• Be under 21 years of age at the time of submitting the application;
• Possess a court order issued by the state juvenile court certifying that you have suffered neglect, abuse or abandonment by your parents.
• Be eligible for USCIS consent.
• Have written consent from the Department of Health and Human Services (HHS) or the Office of Refugee Resettlement (ORR) to meet certain criteria.

It should be noted that in the majority of approved cases they are for young people under 18 years of age. Therefore, it is rare to see approvals for those between the ages of 18 and 21.

How Can I Obtain A Juvenile Visa In The United States?

Generally, you must follow the next steps to obtain the SIJ classification in the United States:

1# Determine Your Eligibility For Special Immigrant Juvenile Status 

Before applying for this visa you must ensure that you meet all the necessary criteria described above.

If you do not qualify for SIJ and are in removal proceedings, you may be eligible for another status that provides protection. Find out what TPS is in the United States.

2# Obtain A Juvenile Court Order

Once you meet the eligibility requirements, you must obtain the court order from the state juvenile court that states:

• You are a ward of the court or custody of a state agency, individual, or court-designated entity.
• You cannot be reunited with either of your parents due to abuse, neglect, maltreatment or other similar circumstances.
• Returning to your country of origin or your previous residence, whether it is yours or your parents, is not in the best interest of your well-being.

3# Submit Form I-360 And Other Necessary Documents

Once the minors have obtained the court order, they must complete and file Form I-360 with USCIS.

At this step you will also need to submit proof of your age, court order, written consent, and if applicable, Form G-28.

4# Wait For The Decision

After you have filed your Form I-360, USCIS:

• Will send you a Notice of Action, which will show the official filing date along with your receipt number, and
• You will be contacted if additional evidence is required to make a decision about your case.

5# Consider Deferred Action (Optional)

In the event that your juvenile status has been approved but you are unable to adjust status, consider Deferred Action. This can help you avoid deportation and access other benefits, such as employment authorization.

Please note that Deferred Action is at the discretion of the prosecutor and does not provide legal status. In addition, it does not require submitting the application separately.

What Documents Do I Need To Apply For Special Immigrant Juvenile Status?

To obtain the juvenile visa you need to submit the following documentation:

• Form I-360;
• Age certification. This can be a passport, ID card or other official documentation confirming your age;
• Valid juvenile court order. You must demonstrate that the applicants have been a victim of neglect or abuse by their parents or legal guardians.
• A juvenile visa application through the USCIS office.
• A written consent from HHS or ORR.

If you are an SIJ immigrant who was granted Deferred Action, you may apply for a work permit using Form I-765. 

How To Apply For Lawful Permanent Residence Through The SIJ classification?

Immigrant visas for SIJ status come from the employment-based EB-4 category for special immigrants.

If you are currently in the United States and an EB-4 immigrant visa is immediately available to you, you may file Form I-485:

• In conjunction with Form I-360;
• While the Form I-360 is pending; either
• After Form I-360 is approved.

For information on visa availability, see the visa bulletin and your priority date.

What Do I Need To submit To Apply For The Green Card Under SIJS Status?

To apply for the Green Card after obtaining SIJ status, you must submit the following to USCIS:

• Form I-485;
• Copy of Form I-797 from your I-360 (unless you are filing the I-360 along with the I-485);
• 2 passport type photographs;
• Copy of your government-issued photo ID and birth certificate;
• Copy of the passport page with your nonimmigrant visa, admission stamp, or temporary stay permit (if necessary);
• Copy of your Form I-94, I-693 and I-601 (if applicable);
• Certified police and court records of any criminal history (if applicable).

Although, under SIJ status you cannot sponsor any family member, once you have obtained the Green Card, you could sponsor your eligible family members.

However, even if you naturalize, you will not be able to confer any immigration benefits to your parents. This applies even if one of them has not committed any act of abuse. 

How To Check My Juvenile Visa Case?

To check the status of your SIJ status case, we recommend:

• View your case online: To do so, use the online tool on the USCIS website and use the 13-character receipt number from your application; either
• By phone: If you are in the United States, contact the USCIS National Customer Service Center. If you live abroad, you can call a USCIS international office.

If you use the online tool, be sure to select the appropriate form and category, as well as the USCIS office that is handling your case. 

Restrictions On Adjustment Of Status

Certain crimes or violations of immigration laws may prohibit you from adjusting your status. However, if you are classified as SIJ, you will be exempt from most adjustment vetoes, except those related to terrorism.

How Long Does The Juvenile Visa Process Take?

SIJ status waiting times may vary. However, USCIS usually takes around 180 days to process the application, but this can be extended due to different factors. 

In these cases, it is important to be patient and follow the instructions of our immigration lawyers. For more information on this, check our blog: SIJS processing time. 

How Long Does It Take To Get A Green Card After Special Immigrant Juvenile Status Is Approved?

Once SIJ status is granted in the U. S, you can apply for the Green Card. However, the waiting time can take from several months to a year or more, depending on factors such as USCIS workload and individual circumstances.

Do I Have A Time Limit To Apply For The Green Card?

There is no age limit to apply for a Green Card as a SIJ. Therefore, if you were under 21 when you filed your Form I-360, your age will not affect your application, even if you are now over 21.

What Are The Benefits Of The Juvenile Visa?

SIJ classification not only offers immigration protection to young applicants, but also provides them with a path to lawful permanent residence. Other benefits include:

• Staying legally in the United States.
• Applying for an employment authorization.
• Accessing certain U. S. public benefits.
• Travelling outside the United States once residency is obtained.

In addition to these benefits, you may have the possibility of becoming an American citizen after turning 18 and having had residency for 5 years.

What Are The Disadvantages Or Drawbacks Of The Juvenile Visa?

Although the Special Immigrant Juvenile Status offers benefits, it is important to also consider the possible disadvantages before opting for this option. Some of these include:

• High costs associated with obtaining SIJ status, legal fees and the costs of living in the new country.
• Impossibility for young people to request immigration benefits for their parents, regardless of the type of abuse or neglect suffered.
• Inability to travel outside the country while awaiting approval of lawful permanent residence.
• Difficulties in adapting to the new environment, including cultural differences and challenges in the educational and social sphere.

Can I Travel With The Juvenile Visa?

You cannot leave the country with Special Immigrant Juvenile Status until you are approved for lawful permanent residence. 

Once approved, you can travel, but avoid being away for too long as you could lose your lawful permanent resident status. 

In rare cases, you can apply for a travel document (Form I-131), but be sure to get approval before you leave so as not to risk your youth visa.

To delve more into this topic, read our blog: What’s next after my SIJS is approved

Frequently Asked Questions About The Special Immigrant Juvenile Status

Can I Qualify For The Juvenile Visa If I Am About To Turn 21 Years Of Age?

Yes, you could qualify for SIJ status even if you are about to turn 21 years of age. Of course, it is recommended to start the process in advance.

Typically, in these cases, you should call USCIS and request an appointment. In addition, inform the officer of his birthday, so that he can be given an appointment as soon as possible.

Can I Get A Green Card If I Do Not Qualify For the SIJS Visa?

It is possible to get a Green Card even if you do not qualify for SIJ status, but you must obtain it through other avenues. For example, family sponsorship, political asylum or marriage. 

You may also be eligible for a U visa if you have been a victim of certain crimes. In any case, we recommend calling us to evaluate your particular case.

Are There Any Risks When Applying For The SIJ classification?

There is a minimal possibility of having to appear before the Family Court to obtain a court order to support your application. 

Additionally, if immigration denies your application, you could be at risk of deportation. Talk to our attorneys before submitting your petition or if you wish to file an immigration appeal.

Is Special Immigrant Juvenile Status a Permanent Immigration Relief? 

Obtaining the juvenile visa and its benefits does not ensure permanent status. 

Therefore, it is essential to take into consideration that the status of a juvenile immigrant is not indefinite. At some point, you will need to apply for lawful permanent residency.

Can I Apply For A SIJ status If I Have Already Applied For Asylum?

Yes, you can apply for the juvenile visa even if you have already applied for asylum. However, you must qualify for it. 

In any case, it is best to consult with our lawyers. 

Do I Need An Immigration Lawyer To Apply For Special Immigrant Juvenile Status?

As in most immigration procedures, it is not mandatory to have an immigration lawyer but it is more than recommended. 

Obtaining SIJ status is a complex path that is full of obstacles and detailed requirements. A good attorney will make your path easier and greatly increase your chances of obtaining this classification.

The immigration attorneys at Lluis Law have more than 50 years of combined experience in all types of immigration cases. If you are looking for expert, personalized legal advice, you can schedule a consultation with us.