Special Immigrant Juvenile (SIJ) Qualification

You may qualify for lawful permanent residence (i.e. a green card) as a special immigrant juvenile (i.e. SIJ). You can be found to be a special immigrant juvenile if (i) you were born outside the U.S.; (2) have been abused, abandoned, or neglected by one or both of your parents; and (3) it is in your best interest to remain in the U.S. Seeking lawful permanent residence (i.e. a green card) as a special immigrant juvenile is a multi-step process that requires the involvement of both a state court and USCIS. To be found to be a special immigrant juvenile, you must meet the following criteria:

• Be under the age of 21;
• Be physically present in the U.S.;
• Be unmarried;
• Be a dependent of a “juvenile court”;
• Be unable to reunite with one or both of your parents, because of abuse, abandonment, or neglect; and
• It would not be in your best interest to return to your home country.

The first step is to petition a “juvenile court” for an order finding you were abused, abandoned, or neglected by one or both of your parents and that it is not in your best interest to return to your home country. The procedures and legal standards for obtaining such an order vary from state to state.

Once the “juvenile court” issues its order, you can file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. The petition must be filed with evidence establishing your age and a valid juvenile court order. An approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant gives you the ability to apply for lawful permanent residence. You can seek lawful permanent residence by filing a Form I-485, Application to Register Permanent Residence with USCIS.

It is important to note that if you obtain lawful permanent residence (i.e. a green card) as a special immigrant juvenile, you cannot sponsor either of your parents in the future for an immigrant visa.