If you are in Massachusetts and need the protection of a juvenile court because you have been abused, abandoned or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).
Eligibility for SIJ Classification
You must meet all of the statutory requirements outlined below to be eligible for SIJ classification. The requirements can also be found at INA § 101(a)(27)(J); 8 CFR § 204.11; and USCIS Policy Manual, Volume 6, Part J- Special Immigrant Juveniles.
| You Must: | When? |
| Be under 21 years of age. | Only at the time you file the SIJ petition (Form I-360). |
| Be currently living in the United States. You cannot apply from outside the country to come to the United States on SIJ classification. | Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition. |
Be unmarried. This means you either:
|
Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition. |
Have a valid juvenile court order issued by a state court in the United States which finds that:
Note: Some juvenile courts may only be able to issue a juvenile court order if you are under 18 years of age. |
Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.
Exceptions: You do not need to currently be under the jurisdiction of the juvenile court that issued your order if the court’s jurisdiction ended solely because:
|
| Be eligible for USCIS consent. This means that you must have sought the juvenile court order to obtain relief from abuse, neglect, abandonment or a similar basis under state law and not primarily to obtain an immigration benefit. | At the time USCIS makes a decision on your petition. |
Have written consent from the Department of Health and Human Services (HHS)/ Office of Refugee Resettlement (ORR) to the court’s jurisdiction if:
|
At the time USCIS makes a decision on your petition.
Please see the Office of Refugee Resettlement website for instructions on obtaining HHS consent. |
State Juvenile Court Orders
For establishing eligibility for SIJ classification, a juvenile court is a court in the United States that has jurisdiction under state law to make judicial determinations about the dependency or custody and care of juveniles. The title and the type of court that may meet the definition of a juvenile court will vary from state to state.
State juvenile courts issue orders and make decisions based on state law about dependency or custody; whether a juvenile has been abused, neglected, abandoned, or subject to similar maltreatment and consequently cannot be reunified with their parent(s); and the best interests of the juvenile. USCIS does not require that a juvenile court have the legal authority to place a child in the custody of an unfit parent in order to make a qualifying reunification determination for SIJ classification.
The court order or supplemental evidence submitted, however, must establish that the court had jurisdiction to make judicial determinations about the SIJ petitioner’s dependency or custody and care as a juvenile under the relevant state laws.
Although state courts have the authority to provide certain protections for children under state law, they do not have the authority to administer or enforce provisions of the Immigration and Nationality Act. Only USCIS can grant or deny SIJ classification or lawful permanent residence (a Green Card).
Required Determinations in the State Court Order
The juvenile court order must contain the required determinations made under relevant state law regarding dependency or custody, parental reunification, and best interests. You must submit evidence of a reasonable factual basis for each of the judicial determinations as well as the relief from parental maltreatment ordered by the juvenile court.
You can find more information about the eligibility requirements for SIJ classification and the court orders in the USCIS Policy Manual, Volume 6, Part J – Special Immigrant Juveniles.
How to Petition for SIJ Classification (Form I-360)
To petition for SIJ classification, you must file the following forms and supporting documentation with USCIS:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Evidence of your age. You must submit 1 of the following (also submit a certified English translation, if applicable):
- Birth certificate;
- Passport;
- Official identity document issued by a foreign government, such as a cartilla or a cedula; or
- Other documents that satisfactorily establish your age.
- Valid juvenile court order(s) that make the required determinations and include or are supported by evidence of the factual basis for the court’s determinations.
- Written consent (PDF) from the U.S. Department of Health and Human Services Office of Refugee Resettlement if you are in HHS custody and the juvenile court order also changes your custody status or placement.
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you have an attorney or accredited representative who represents you.
Filing SIJ Form I-360 In Person Before Your 21st Birthday
You must file Form I-360 for SIJ classification before your 21st birthday. See 8 CFR 204.11(b). Sometimes, circumstances such as mailing delays or state court delays in obtaining a required juvenile court order might prevent you from timely filing your petition before your 21st birthday. To help you file Form I-360 before your 21st birthday, we will allow you to file Form I-360 in person at a USCIS field office within 2 weeks before you turn 21.
You (or your attorney or accredited representative) may contact the USCIS Contact Center at 800-375-5283 or at the My Appointment page to request an SIJ expedite appointment with a USCIS field office to file Form I-360 in person within the 2 weeks before your 21st birthday. At the appointment, the field office will accept your Form I-360 and date-stamp the first page. The field office will give you a photocopy of the first page of your Form I-360 and will send the form and any supporting documents to the USCIS Lockbox for receipting.
The USCIS Lockbox will follow standard receipting procedures. They may reject your Form I-360 if you file it improperly (for example, if you do not sign it). If the USCIS Lockbox receipts your Form I-360, they will issue a Form I-797, Notice of Action, using the date the USCIS field office physically received your Form I-360 as the receipt date.
Consideration of Deferred Action
On May 6, 2022, USCIS implemented updated guidance to consider deferred action (PDF, 323.28 KB) (PDF, 323.28 KB) for noncitizens with an approved Form I-360 for SIJ classification who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. Deferred action is an act of prosecutorial discretion that defers proceedings to remove a noncitizen from the United States for a certain period of time. Deferred action does not provide lawful status.
If you have SIJ classification and you are ineligible to adjust status solely because an immigrant visa number is not immediately available, we will automatically conduct a deferred action determination for you. You do not need to file a separate request for deferred action; if you do, we will not accept it.
If we grant you deferred action, we will notify you. SIJ classified noncitizens who have moved since their Form I-360 was approved should update their address with USCIS to ensure that they receive immigration-related correspondence, including correspondence related to deferred action. See the How to Change Your Address webpage for more information
If you are an SIJ who has been granted deferred action, you may apply for and be granted employment authorization for the period of deferred action. To apply for employment authorization, file Form I-765, Application for Employment Authorization, indicating eligibility category (c)(14). Do not apply for employment authorization before you are granted deferred action. You do not need to file Form I-765WS; however, you must include the proper fee, or request a fee waiver, with Form I-765. Use Form I-912, Request for Fee Waiver, to request a fee waiver. Go to Direct Filing Addresses for Form I-765, Application for Employment Authorization, for more information on where to file.
For additional information on deferred action for SIJs who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available, go to Volume 6, Part J: Special Immigrant Juveniles, Chapter 4- Adjudication, Section G. Deferred Action.
Green Card Based on SIJ Classification (Form I‑485)
If you have been granted SIJ classification (which means we approved your Form I-360 petition), you may be eligible to apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This is also known as applying for lawful permanent resident status or adjustment of status.
Petition and Application Processing
If an immigrant visa is immediately available, you may generally file your Form I-360 and Form I-485 at the same time. Immigrant visas for SIJs come from the employment-based fourth preference (EB-4) immigrant visa category for special immigrants.
If an immigrant visa is not available, you may still file your Form I-360, but you will need to wait to file your Form I-485. Go to the Green Card Based on Special Immigrant Juvenile Classification page for more information.
After you file your Form I-360, USCIS will:
- Send you a Notice of Action, which is your receipt showing the official filing date and receipt number.
- Contact you for additional evidence if we need it to make a decision on your case.
If you have also filed your Form I-485, USCIS will:
- Send you a notice for an appointment to have your fingerprints and photographs taken (also known as biometrics).
- Ask you to submit Form I-693, Report of Medical Examination and Vaccination Record, if you did not submit it with Form I-485, or if you previously submitted it but the medical exam has expired.
- Contact you for additional evidence or for an interview with an immigration services officer, if needed, to make a decision on your case.
Note: When you apply for SIJ classification or for a Green Card based on SIJ classification, we will not require you to contact the individual or family members of the individual who abused, abandoned, or neglected you.
Decisions
USCIS generally makes decisions on SIJ petitions within 180 days (about 6 months) from your official filing date.
While USCIS generally adjudicates Form I-360 petitions for SIJ classification within 180 days, this time frame does not apply to Form I-485.
SIJ Petition (Form I-360)
- If we approve your SIJ petition, we will send you an approval notice.
- If we deny your SIJ petition, we will send you a written decision telling you why and how you can appeal the decision.
Green Card Based on SIJ Classification (Form I-485)
- If we approve your Green Card application, we will send you an approval notice. You become a lawful permanent resident on the date we approve your Form I-485. The approval date will appear in the approval notice mailed to you and on your Green Card (also called a Permanent Resident Card or Form I-551).
- If we deny your application, we will send you a written decision telling you why. You cannot appeal the denial, but you may file a motion to reopen or reconsider. The denial notice should include instructions for filing a Form I-290B, Notice of Appeal or Motion.
Should you need assistance in applying for Special Immigrant Juvenile Status, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE confidential consultation.
Attorney Renee Lazar offers reasonable rates and a payment plan based on your circumstances.
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