Special Immigrant Juveniles (SIJ) Status: Part IV

The SIJ Petition Process

Forms

You must file at least two USCIS forms in order to get an SIJ-based green card:

               Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

               Form I-485, Application to Register Permanent Residence or Adjust Status.

You can file both forms together, or you can file the Form I-360 and wait for a decision until you file the Form I-485. Filing both forms at the same time is usually far quicker than waiting to file the second form.

Exception: If you are in immigration proceedings (if you are scheduled for immigration court), file only the Form I-360.

There are additional forms you may need to file depending on your circumstance.

If you want permission to work

File Form I-765, Application for Employment Authorization

       with your Form I-485, or

       after you get the Form I-797C (which shows that your Form I-485 was accepted).

If you want USCIS to waive a ground of ineligibility for a green card

File a Form-601, Application for Waiver of Grounds of Inadmissibility,

               If you need a waiver, you should include this form with the Form I-485

               You can wait to file until after USCIS tells you that you need to file a Form I-601, but that will delay your green card.

How to Check if You Have Latest Version of the Form

               Look at the date in the lower right-hand corner of the form.

                       The version date will be in parentheses like this: (Rev. 00/00/2000)N

                       Check out the official USCIS website at www.uscis.gov to make sure you have the latest version of the form

                       Under “Edition Date” on the webpage, you will see the acceptable forms.

Or

               Telephone the USCIS National Customer Service Center at 1-800-375-5283, and ask for the correct fee, filing location, and form edition date.

               You can order the latest forms for free by phone at 1-800-870-3676.

Fees

Fees, filing locations, and the forms can change from time to time. You can make sure you have the right fee, filing location, and form by:

               Telephoning the USCIS National Customer Service Center at 1-800-375-5283, and asking for the correct fee, filing location, and form edition date.

Form	Fee
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant	No fee if filed for SIJ status
Form I-485, Application to Register Permanent Residence or Adjust Status	Fee is lower if you are under 14
Form I-765, Application for Employment Authorization	No fee if filed with Form I-485                No fee if filed                        after a Form I-485 that was filed with a fee                        with a copy of Form I-797C showing the I-485 was accepted                Fee for renewals
Form I-601, Application for Waiver of Grounds of Inadmissibility	Fee

Paying the Fee

You must:

               Pay with a check or money order from a United States bank or company.

               Pay the exact amount of the total of the fees for all the forms you file in the same envelope.

               Make the check or money order payable to the “Department of Homeland Security”.

Do NOT send a check or money order if you are asking for a fee waiver.

If	Then
You send payment with your fee waiver request	USCIS will cash your check to pay the fees
USCIS does not waive your fees	USCIS will ask you by mail to send in the fees
USCIS does waive your fees	USCIS will send you a Form I-797C, Notice of Action telling you that the fees have been waived

Fee Waivers

There is no filing fee for the Form I-360. But if you cannot afford to pay the filing fees for the other forms:

               File a Form I-912, Request for Fee Waiver

                       List ALL the forms that you are filing that you cannot afford to pay, and

                       that are included in the same envelope.

If	Then
You are unable to pay the filing fees	File a Form I-912, Request for Fee Waiver with supporting documentation.
You send in all of the forms you list on the Form-912 in the same envelope	Those forms can be included with the fee waiver request
One fee is waived	All fees are waived for forms filed together
You file a Form I-765 after you file the Form I-485 without a fee	You must either pay the fee for the I-765 or include a Form I-912, with supporting documentation
You file a Form I-601 after you file the Form I-485 without a fee	You must either pay the fee for the I-601 or include a Form I-912, with supporting documentation.