Special Immigrant Juveniles (SIJS) - Protection for Abused Children

Essential SIJS Qualification Criteria

• Must be unmarried and under 21 years of age at time of petition filing
• Must have valid state court order declaring dependency, custody, or guardianship
• Must have court finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis under state law
• Must have court determination that it would not be in the child's best interest to return to their home country or country of nationality
• Must remain unmarried until adjustment of status to permanent residence is approved

Required Elements in State Court Order

• Valid juvenile court order establishing dependency, custody, or guardianship under state law
• Specific finding that reunification with one or both parents is not viable
• Express determination that returning to home country is not in child's best interest
• Court must have jurisdiction under state law over care and custody of juveniles
• Order must be issued by a court in the United States
• Findings must be incorporated into the court order, not separate documents

SIJS Petition and Adjustment Process

SIJS Petition Supporting Documents

• Certified copy of state court order with SIJS findings
• Form I-360 Special Immigrant Petition
• Birth certificate showing age and marital status
• Evidence of dependency/custody/guardianship proceedings
• Documentation supporting parental reunification not viable finding
• Evidence supporting best interest determination
• Any available identity documents
• Court transcripts or case records if available

Acceptable Bases for Reunification Finding

• Reunification with one parent not viable due to abuse, neglect, abandonment, or similar basis
• Court need not find both parents unavailable - one parent finding is sufficient
• Abuse includes physical, sexual, emotional abuse, or extreme neglect
• Abandonment can be physical or financial abandonment of parental responsibilities
• Similar basis includes domestic violence, substance abuse affecting parental capacity
• Findings must be based on evidence presented to the court

Factors Courts Consider for Best Interest

• Safety and security in home country vs United States
• Family ties and relationships in both countries
• Educational opportunities and continuity
• Medical care availability and special needs
• Economic opportunities and living conditions
• Cultural and linguistic considerations
• Length of time in United States and community ties
• Potential for rehabilitation and family reunification

Critical Timing Requirements

• File I-360 petition within reasonable time after state court order issuance
• USCIS generally considers orders issued within one year as timely
• Age-out protection applies once petition is properly filed
• Child Status Protection Act (CSPA) may provide additional age protection
• Marriage before petition approval will terminate SIJS eligibility
• Immediate filing recommended to preserve priority date

SIJS Adjustment to Permanent Residence

• SIJS petitioners are not subject to numerical limitations for visa availability
• May file I-485 adjustment concurrent with or after I-360 approval
• No affidavit of support (I-864) required for SIJS adjustment
• Medical examination required for adjustment of status
• Biometrics and interview may be required
• Work authorization available while adjustment is pending

Jurisdictional Considerations

• State court must have jurisdiction under state law to make custody/dependency determinations
• USCIS cannot review the validity of state court orders
• Federal courts do not have jurisdiction to make SIJS findings
• Administrative agencies cannot make required judicial determinations
• Court must be a court of competent jurisdiction under state law
• Orders from foreign courts are not acceptable for SIJS purposes

Derivative and Future Family Benefits

• SIJS classification does not provide derivative benefits to family members
• Parents cannot obtain immigration benefits through child's SIJS petition
• Siblings must qualify independently for SIJS or other immigration relief
• Once permanent resident, SIJS beneficiary may petition for qualifying relatives
• No restriction on future ability to petition for family members
• SIJS beneficiary may apply for naturalization after permanent residence

Frequent SIJS Application Issues

• Obtaining specific court language required by USCIS regulations
• Coordination between family court proceedings and immigration petition
• Gathering evidence to support court findings when documentation is limited
• Language barriers and understanding of complex legal proceedings
• Time constraints for filing petition after court order
• Maintaining unmarried status during lengthy process
• Access to legal representation for both court and immigration proceedings