Special Immigrant Juveniles (SIJ) Status: Part I

The purpose of the SIJ program is to help foreign children in the United States who have been abused, abandoned, or neglected.

               Certain children who are unable to be reunited with a parent can get a green card as a SIJ

               Children who get a green card through the SIJ program can live and work permanently in the United States

Important!

If you	Then you
Get your green card through the SIJ program	Can never petition for a green card for your parents
	Cannot petition for a green card for your brothers and sisters until you become a U.S. citizen

Eligibility Status for SIJ

To petition for SIJ you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called "juvenile court", "family court", "orphan’s court", or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children.

Actions State Court Must Take

A state court in the United States must decide:

               To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and

               It is not in your best interests to return to your home country (or the country you last lived in) and

               You cannot be reunited with a parent because of ANY of the following:

                       Abuse

                       Abandonment

                       Neglect

                       Similar reason under state law

Eligibility Requirements

To be eligible for SIJ status:

               You must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

               Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own

               You cannot be married, both when you file your application and when USCIS makes a decision on your application

                       “Not married” includes a child whose marriage ended because of:

                               Annulment

                               Divorce

                               Death

               You must be inside the United States at the time of filing the Form I-360

If you are in the legal custody of the U.S. Department of Health and Human Services (HHS):

               You must request permission from HHS for the court to legally place you somewhere else

               You do not need to request permission from HHS if the state court does not place you somewhere else.