Special Immigrant Juvenile Qualifications and Requirements

Published: April 14, 2023

In 2020, the US Department of Health and Human Services found at least 618,000 children victims of abuse and neglect. Unfortunately, experts believe that more cases remain unreported. Many victims cannot ask for help because most depend on their abusers.

Of all child abuse cases, immigrant children do not get as much attention. The federal Office of Refugee Resettlement received more than 4,500 reports of child sexual abuse in 2019. Some cases were gravely severe that the FBI’s intervention would be necessary.

Unlike US citizen children, immigrant children who are victims of child abuse have more limited options to change their lives for the better. Fortunately, the special immigrant juvenile status exists. 

What is Special Immigrant Juvenile Status (SIJS)

Special Immigrant Juvenile (SIJ) status is an immigration category created under the Immigration Act of 1990. It is available to undocumented immigrants under 21 who have been a victim of abuse, neglect, or abandonment by at least one of their parents. After a minor receives SIJS, they may petition for the adjustment of their status and become a lawful permanent resident.

Acquiring the SIJ status waives several types of inadmissibility, namely:

• Unlawful entry
• Working without authorization
• Public charge status
• Some immigration violations

Giving an undocumented child an SIJ status is akin to giving them a second chance at life. It is an attempt on the government’s side to balance the inequalities of society.

Eligibility for Special Immigrant Juvenile Classification

The eligibility requirements for the SIJ classification are as follows:

• The applicant should be younger than 21 years old upon filing the SIJ petition
• Currently living within the US at the time of filing and upon release of USCIS’ decision
• Never been married or if previously married, the said marriage have been terminated via annulment, divorce, or death of spouse
• Valid court order by the state court
• Eligible for USCIS consent
• Written consent from the Department of Health and Human Services (HHS) or Office of Refugee Resettlement (ORR) to the court’s jurisdiction if:
  • applicant is under the custody of HHS and
  • the juvenile court order changed the applicant’s custody status or placement

Valid State Court Orders

It is indispensable that an SIJ applicant should acquire a valid state order from a juvenile court. Depending on the state, the title and the type of court that qualifies as a juvenile court may include the following:

• juvenile courts
• family courts
• dependency courts
• orphans courts
• guardianship courts
• probate courts
• youthful offender courts

A juvenile court order will contain the following determinations:

1. The petitioner is dependent on the juvenile court, or the same court legally commits or places the petitioner under the custody of either a state agency or department or another person or entity that the state or juvenile court appointed
2. The petitioner cannot reunify with one or both of the petitioner’s parents due to abuse, neglect, abandonment, or a similar basis under state law
3. It is not in the petitioner’s best interest to be returned to the petitioner’s or their parent’s country of nationality or last habitual residence.  

What to Prepare for Special Immigrant Juvenile Classification

Prepare the following when submitting a petition for SIJ classification:

• Petition for Amerasian, Widow(er), or Special Immigrant
• Official documents indicating one’s age
• Valid juvenile court order
• Written consent from HHS, if under the custody of HHS
• Notice of Entry of Appearance as Attorney or Accredited Representative, if represented by a lawyer or another individual

Missing any of these documents may result in the denial of one’s application. Be sure to complete everything before the deadline and present authentic copies.

Preparing documentary requirements can be overwhelming. If you are having trouble managing yours, ALG Lawyers can extend our document request services to assist you.  

Important: File for SIJ Status Before Turning 21 Years Old

As mentioned earlier, one of the requisites to qualify for SIJ classification is filing a petition while under 21 years old. However, delays in mailing and state court proceedings may occur which could prevent applicants filing a petition before turning 21. As a remedy to this problem, the USCIS allows applicants to personally file their petitions at a USCIS field office within 2 weeks before turning 21.

For those in a hurry, it is possible to coordinate with the USCIS Contact Center to request an SIJ expedite appointment within the 2 weeks before the petitioner’s 21st birthday. There is no fixed special immigrant juvenile status processing time. However, the USCIS will act on applications within 180 days upon submission. It is advantageous to partner with a visa attorney on this matter to ensure a smoother transaction.

Deferred Action for SIJ Petitioners

The USCIS may automatically conduct deferred action determinations for SIJ classification applicants who cannot apply for an Adjustment of Status solely because no immigrant visa numbers were immediately available. In effect, applicants may no longer submit a separate request for deferred action. Notably, the determination of deferred action is entirely dependent on the USCIS’ discretion.

What is a deferred action?

A deferred action is the state’s prosecutorial discretion to postpone the removal proceedings of a noncitizen for a specific period. While beneficiaries may stay within the country, they do not acquire a lawful status. Currently, the US government implements the Deferred Action for Childhood Arrivals (DACA) to grant undocumented citizens a renewable period to stay and work within the US.

Filing a deferred action

Currently, DACA is not available to first-time applicants. However, those who already qualified many file for renewal and continue residing within the US.

SIJS to Green Card

Applicants who successfully acquired SIJ classification may file for a green card. SIJ visa holders can become lawful permanent residents under the EB-4 visa category for special immigrants. Consult an immigration attorney in Los Angeles for a more in-depth discussion on this matter. 

Legal Support from the Best Los Angeles Immigration Lawyer

Applying for an SIJ status calls for the expertise and dedication of highly experienced immigration lawyers. After all, it is an urgent case involving sensitive matters. If you want to work with an immigration law firm in Los Angeles, look for ALG Lawyers.

ALG Lawyers is a team of hardworking lawyers and legal staff. It is our mission to provide clients with complete and proactive care. Expect that we will be there through every procedure to maximize the success rates of your applications. Please do not hesitate to ask us questions if you want to know more about our services.