Special Immigrant Juvenile Status
Special Immigrant Juvenile Status (SIJS) is an immigration benefit for persons under the age of 21 who are in the U.S. without permission and no longer receive financial and other support from one or both of their biological parents. Generally, in order to qualify, a state civil court has to place the young person in the legal and physical custody of another and declare that it is not in the best interests of the young person to return to the country of their parents’ habitual residence. Once a civil court awards custody of the young person and makes the necessary best interest declaration, the young person can apply to USCIS for SIJS. USCIS must receive any application for SIJS before the applicant turns 21. Additionally, to apply for SIJS, an applicant cannot be married.
USCIS is required by law to provide a response to any SIJS application within 180 days of receipt of an application. Once approved, a young person awarded SIJS will be able to adjust their status to that of Lawful Permanent Resident once a visa is available for them. This is generally a year long wait. In the meantime, young persons are able to apply for work permits and need not worry about immigration enforcement action against them if they entered without inspection (what is referred to colloquially as entering the U.S. “without documentation” or “undocumented” or “illegally”). A consequence to be aware of, however, is that persons granted SIJS are not able to petition for their parents to also become permanent residents when they turn 21, even if the parent being petitioned for is not the parent who ceased providing assistance to the young person.
If you think you, or a young person you are taking care of, might be eligible for SIJS, you should consult with an immigration attorney about your potential next steps.
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