Special Immigrant Juvenile status, also known as “SIJS”, is a way for undocumented children to gain legal status in the United States. This unique process usually requires three steps.
First, you must apply for an order from a juvenile court judge in the state. The order can be obtained by the state juvenile court judge. Once that is done, the guardian appointed for the child may petition the immigration services on behalf of the child. The child can then apply for adjustment of status at USCIS or immigration court, if necessary, if the child is undocumented and in removal proceedings.
First Step: File in State Juvenile court
A state juvenile court can make a family law finding in order to protect the child. Each court has its own requirements for initiating the order of specific findings regarding SIJS. Even though the requirements for initiating proceedings may differ, all courts are required by the federal government in order to make the following findings based on proof.
1. The court declares the child dependent or places him/her under the legal custody of a state agency/department or person appointed by the state/juvenile courts.
2. Due to abuse, neglect or abandonment or any other similar reason under state law, reunification is not possible with either one or both of the child’s parents.
3. It is not in the best interests of the child to return to his/her home country or country of birth.
It is important to remember that each jurisdiction has its own definition of “child”. A “child” can be defined as any young person below the legal age to become a adult, which is “18 years.” In California, however, anyone under 21 years old is considered a child for SIJS purposes. The definitions of “abuse”, ‘neglect’ and “abandonment”, vary from one jurisdiction to the next.
Second & Third Steps Special Immigration Visa and Adjustment to Status
Undocumented children who are not in removal proceedings (before an Immigration Judge) may be eligible to apply concurrently with USCIS for special immigrant juvenile visas using USCIS Formula I-360 and adjustment of status using USCIS Formula I-485. This assumes that the priority date for that child’s home country is current.
Summarized from an article by Wilner & O’Reilly Immigration Lawyers.
