History of SIJS
A Path to Safety for Vulnerable Children
Special Immigrant Juvenile Status (SIJS) is a humanitarian protection created by Congress in 1990 for immigrant children in the United States who have been abused, abandoned, or neglected by a parent. It provides a pathway to lawful permanent residence (Green Card) and eventual U.S. citizenship.
Created in 1990
By the Immigration Act of 1990
Under 21 Years
Must be under 21 and unmarried
Humanitarian Protection
For abused, neglected, or abandoned children
Path to Green Card
And eventual U.S. citizenship
What is SIJS?
SIJS was established by the Immigration Act of 1990 to protect vulnerable immigrant children who cannot safely return to their home country or reunify with their parents due to abuse, neglect, or abandonment.
Unlike other immigration benefits, SIJS requires involvement from both state juvenile courts and federal immigration authorities, making it a unique two-step process that recognizes the child welfare expertise of state courts.
Congress mandated that SIJS petitions be decided by USCIS within 180 days of filing, recognizing the particular vulnerability of these children.
Who Qualifies for SIJS?
To be eligible for Special Immigrant Juvenile Status, you must meet ALL of the following requirements:
Age & Marital Status
Be under 21 years of age and unmarried at the time of filing
Present in the United States
Be physically present in the U.S. (cannot apply from outside the country)
State Court Order
Have a valid juvenile court order with required SIJS findings
Cannot Reunify with Parent(s)
Due to abuse, abandonment, neglect, or similar basis under state law
Best Interest Finding
Court finds it's not in your best interest to return to home country
USCIS Consent
Sought relief for protection, not primarily for immigration benefit
The SIJS Process
SIJS is a unique two-step process involving both state and federal systems:
Step 1: State Court
Obtain a juvenile court order with the required SIJS findings from a state court (family court, probate court, or juvenile court depending on your state).
Step 2: USCIS Petition
File Form I-360 (Petition for Special Immigrant) with U.S. Citizenship and Immigration Services to request SIJ classification.
Step 3: Green Card
When a visa number becomes available, file Form I-485 (Application to Adjust Status) to become a lawful permanent resident.
Benefits of SIJS
Once approved, SIJS provides significant protections and opportunities:
Path to Green Card
SIJS provides a direct pathway to lawful permanent residence in the United States
Work Authorization
Can apply for an Employment Authorization Document (EAD) while waiting for green card
Protection from Deportation
Eligible for deferred action while waiting for visa availability
Path to Citizenship
After 5 years as a permanent resident, may apply for U.S. citizenship
Educational Opportunities
Access to in-state tuition and financial aid in many states
Stability & Security
Legal status provides stability to build a future in the United States
The Current Crisis
Over 100,000 vulnerable children are caught in the SIJS backlog
100,000+
Youth in Backlog
4-5 Years
Average Wait Time
151
Countries Represented
50
States with SIJS Youth
SIJS falls under the EB-4 visa category, which has annual numerical limits. This creates a backlog where approved youth must wait years before they can apply for their green card. During this time, they may be eligible for deferred action and work authorization.
Legislative Timeline
How SIJS has evolved to better protect vulnerable children
Immigration Act of 1990
Congress creates Special Immigrant Juvenile Status for children declared dependent on juvenile courts and eligible for long-term foster care.
Impact
First federal protection specifically for abused, neglected, and abandoned immigrant children.
Technical Amendments
Children with SIJ classification are considered paroled for adjustment of status purposes.
Impact
Clarified that children cannot enter the U.S. specifically to obtain SIJS.
Technical Corrections Act
Expanded eligibility to include children placed under custody of state agencies.
Impact
Broadened protection beyond just court-dependent children.
1998 Appropriations Act
Limited eligibility to children dependent on court specifically due to abuse, neglect, or abandonment.
Impact
Required Attorney General consent, adding federal oversight to state court orders.
Violence Against Women Act
Prohibited compelling SIJS petitioners to contact alleged abusers at any stage.
Impact
Enhanced safety protections for vulnerable children throughout the process.
TVPRA 2008 - Major Expansion
Removed foster care requirement, expanded eligibility, added age-out protections, and set 180-day processing deadline.
Impact
Most significant expansion of SIJS, protecting more children and preventing aging out.
Surge in Applications
Unaccompanied minor crisis leads to dramatic increase in SIJS applications.
Impact
Beginning of significant visa backlog affecting SIJS youth.
Backlog Reaches 100,000
Over 100,000 youth with approved SIJS petitions waiting for visa numbers.
Impact
Wait times extend to 4-5+ years for green card eligibility.
Perez Ortega v. Mayorkas
Federal court rules USCIS must provide work authorization to SIJS youth in backlog.
Impact
Major victory allowing SIJS youth to work while waiting for green cards.
Deferred Action Policy
USCIS announces automatic deferred action for approved SIJS petitioners.
Impact
Provided work permits and deportation protection for youth in backlog.
New SIJS Regulations
USCIS publishes updated regulations clarifying eligibility and procedures.
Impact
Modernized regulations to reflect TVPRA 2008 changes.
Backlog Report Published
End SIJS Backlog Coalition publishes comprehensive report on crisis.
Impact
Increased public awareness and congressional attention to the issue.
Deferred Action Rescinded
USCIS terminates the 2022 deferred action policy for SIJS youth.
Impact
Left thousands of youth without work permits or deportation protection.
Court Reinstates Policy
Federal court orders USCIS to reinstate deferred action policy.
Impact
SIJS youth can again apply for work permits and protection from deportation.
Need Help?
If you believe you may qualify for SIJS, it's important to seek legal assistance. Many organizations provide free or low-cost legal help for immigrant children.