Special Immigrant Juvenile Status (SIJS) can provide a road for young people to apply for a green card if they have been abandoned, neglected, or abused by a parent. This is available for individuals under 21 and not married. The requirements are the following:

Must be under 21 and not married, and A Family Court must determine that you cannot live with one or both parents because you have been abandoned, neglected, or abused.

The Family Court must also determine that it would not be in your best interest to be returned to your country.

If you are not sure if what happened to you is abandonment, neglect or abuse, you should call our law firm to see if you qualify.

Q1: What is Special Immigrant Juvenile Status and who can qualify for it?

Special Immigrant Juvenile Status is basically a way for kids who’ve been mistreated by their parents to get legal status in the U.S. To qualify, you need to be under 21 and unmarried. You also have to show that one or both of your parents abused, neglected, or abandoned you, and that going back to your home country wouldn’t be safe or good for you. A juvenile court has to agree with all of this and put it in writing. The whole thing is designed to protect vulnerable kids who can’t safely go home.

Q2: How do you get the court order you need for SIJS?

First, you need to get involved with a state juvenile court somehow – this could be through foster care, a guardianship case, or custody proceedings. Then the judge needs to make some official findings about your situation. They have to say that you’re under the court’s care or have been placed with a state agency or guardian, that you can’t reunify with one or both parents because of abuse, neglect, or abandonment, and that it’s not in your best interest to go back to your home country. Once the judge puts all that in a court order, you can use it to file your SIJS petition with immigration.

Q3: Can you eventually get a green card and citizenship through SIJS?

Absolutely. SIJS is actually a path to getting a green card. After immigration approves your initial petition, you can apply to adjust your status and become a permanent resident. Once you’ve had your green card for about five years and meet the other requirements, you can apply to become a U.S. citizen. One important thing to know though – later on, you won’t be able to sponsor the parent or parents whose abuse or neglect was the reason you got SIJS in the first place. But you can petition for other family members down the road.

Q4: What happens if you need to travel while your SIJS case is pending?

This is tricky and you really need to be careful. If you leave the country while your application is pending, immigration might consider that you’ve abandoned your case. Plus, if you came to the U.S. without proper documents or have other immigration issues, leaving could make it really hard or impossible to get back in. Once you get advance parole (special permission to travel) or your green card comes through, you’ll have more options. But honestly, it’s best to talk to an immigration lawyer before booking any trips abroad during the process.