​​​​What Is SIJS and Who It Protects

SIJS is available to unmarried children under the age of 21 who are physically present in the United States and who have been subject to abuse, abandonment, or neglect by one or both parents. Unlike other family-based immigration options, SIJS does not require sponsorship from a parent or family member. Instead, it relies on findings made by a state juvenile court that has authority over child custody or dependency matters. The law recognizes that certain children cannot safely return to a parent or to their home country. SIJS allows those children to seek protection independently and pursue permanent residence without relying on an abusive or absent parent.

 

​​​​The Required State Court Findings

​A key part of every SIJS case is obtaining a qualifying state court order. The juvenile court must make specific findings that the child is dependent on the court or placed under the custody of a state agency, guardian, or individual. The court must also find that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar basis under state law. In addition, the court must determine that it is not in the child’s best interest to return to their country of nationality or last habitual residence. These findings are based on the child’s circumstances, safety, stability, and overall well-being. Immigration courts do not make these determinations—only state courts can issue the required SIJS findings. Timing is critical, as many state courts lose jurisdiction once a child turns 18 or 21, depending on state law. Failing to obtain the court order before aging out can permanently eliminate SIJS eligibility.

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​​​Filing the SIJS Petition With USCIS

​Once the state court order is obtained, the next step is filing the SIJS petition (Form I-360) with U.S. Citizenship and Immigration Services (USCIS). USCIS reviews the petition to confirm that the court order meets SIJS requirements and that the applicant qualifies under immigration law. If approved, the child is classified as a Special Immigrant Juvenile. SIJS approval alone does not grant a green card, but it allows the child to move forward toward permanent residence once a visa number becomes available.

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​​​​Applying for a Green Card Through SIJS

​After SIJS approval, the child may apply for a green card through adjustment of status when a visa is available under the employment-based fourth preference category. For children from some countries, visa backlogs may delay the ability to file the green card application. While waiting, many SIJS recipients may be eligible for work authorization and protection from removal. Importantly, SIJS recipients cannot later sponsor their parents for immigration benefits, even the non-abusive parent. This is a permanent consequence of SIJS and should be carefully explained before moving forward.

 

SIJS cases sit at the intersection of family law and immigration law. Mistakes in state court filings, improper wording in court orders, missed deadlines, or incorrect immigration filings can result in denial or loss of eligibility. Because children may age out quickly, delays can have irreversible consequences.

 

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Attorney Fee

Step 1 - SIJS Predicate Order: $3000

Step 2 - SIJS Petition: $2000

Step 3 - SIJS Green Card: $2000

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✓ Processing Time: Varies. 

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.

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​You may retain our firm on a step-by-step basis as the case progresses.

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At Dream Immigration Law, we work closely with families, guardians, and state court counsel to ensure that SIJS findings are properly obtained and that immigration filings are accurate and timely. Our goal is to protect vulnerable children, secure lawful status, and help them move toward a stable future in the United States.

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