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Am I Eligible for SIJS?

Special Immigrant Juvenile Status (SIJS) is a path to lawful permanent residence for certain immigrant youth who have been abused, neglected, or abandoned.

Three Basic Requirements

You must meet ALL three of these basic requirements to be eligible for SIJS

Under 21 Years Old

You must be under 21 years of age at the time of filing. Age requirements may vary by state for the juvenile court petition.

Present in the United States

You must have been physically present in a U.S. state for more than 6 months continuously.

Unmarried

You must be unmarried at the time of filing and remain unmarried until your case is approved.

Required Court Findings

A state juvenile court must make specific findings about your situation

Dependency or Custody

The court has declared you dependent on the court, or has placed you under the custody of a state agency or individual.

Reunification Not Viable

Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.

Best Interest Finding

It would not be in your best interest to return to your home country or country of last habitual residence.

What Qualifies as Abuse, Neglect, or Abandonment?

These are some examples - your situation may qualify even if not listed here

Abuse

  • Physical abuse (hitting, beating, burning)
  • Sexual abuse or exploitation
  • Emotional or psychological abuse

Neglect

  • Failure to provide food, shelter, or clothing
  • Failure to provide medical care
  • Failure to provide supervision or education

Abandonment

  • Parent left and did not return
  • Parent has not contacted you for over a year
  • Parent sent you away without providing care

Important Limitations

Be aware of these restrictions before applying

Cannot Petition for Parents

If you receive a green card through SIJS, you can NEVER petition for your biological or prior adoptive parents to immigrate. This is the only limitation.

Visa Backlog

Due to annual visa limits, there is currently a multi-year wait (4-5+ years) for SIJS green cards for applicants from most countries.

Must Remain Unmarried

You must remain unmarried throughout the entire SIJS process until your green card is approved.

Who May Be Eligible?

SIJ eligible children may include those who:

Are or have been in federal custody due to undocumented status
Are in a state's child welfare system
Are living with a foster family or appointed guardian
Are living with the non-abusive parent
Have been victims of child abuse in the U.S.
Have been victims of child abuse in their home country

This is not an exhaustive list. Your situation may qualify even if not described above.

Check Your Eligibility

Answer a few simple questions to get an initial assessment

Check Your Eligibility

Answer a few simple questions to see if you may qualify for SIJS

Frequently Asked Questions

Ready to Take the Next Step?

Learn about the application process and find resources to help you

This information is for educational purposes only and does not constitute legal advice. Immigration law is complex and individual circumstances vary. Please consult with a qualified immigration attorney for advice about your specific situation.