Special Immigrant Categories
What are Special Immigrants?
Special immigrants are individuals who qualify for permanent residence under specific categories created by Congress for particular groups with compelling circumstances or special relationships to the United States.
- Form: Most use Form I-360 petition
- Benefits: Direct path to green card in most categories
- Family: Often includes spouse and unmarried children under 21
Key Advantages
Special immigrant categories often provide advantages over other immigration pathways:
- • No labor certification required
- • Self-petitioning allowed in many categories
- • Protection for vulnerable populations
- • Recognition of special service to United States
- • Often no waiting periods for visa numbers
Special Immigrant Categories
Special Immigrant Juveniles (SIJ)
Protection for unmarried individuals under 21 who were abused, abandoned, or neglected by parents
Key Requirements:
- ✓Under 21 years old and unmarried
- ✓Subject to juvenile court jurisdiction
- ✓Court found reunification with one or both parents not viable
- ✓Court determined that return to home country not in best interest
Benefits:
Direct path to green card, protection from removal
Application Form: Form I-360
Religious Workers
Ministers and religious workers coming to work for qualifying religious organizations
Key Requirements:
- ✓Member of religious denomination for at least 2 years
- ✓Coming to work as minister or in religious occupation/vocation
- ✓Religious organization is tax-exempt nonprofit
- ✓Position is full-time (at least 35 hours per week)
Benefits:
Permanent residence, can include spouse and unmarried children under 21
Application Form: Form I-360
Military Personnel
Certain current and former U.S. military members and their families
Key Requirements:
- ✓Served honorably in U.S. armed forces
- ✓Enlisted while outside U.S. as national of independent state with treaty
- ✓Served for specified time periods
- ✓Meet other military service requirements
Benefits:
Green card for service member and qualifying family members
Application Form: Form I-360
International Organization Employees
Retired employees of international organizations and their families
Key Requirements:
- ✓Worked for qualifying international organization for 15+ years
- ✓Resided in U.S. for at least 50% of 7 years before retirement
- ✓Applied within 6 months of retirement or 6 months after classification creation
- ✓International organization has headquarters agreement with U.S.
Benefits:
Permanent residence for retiree and qualifying family members
Application Form: Form I-360
Afghan/Iraqi Translators
Interpreters and translators who worked with U.S. armed forces or under Chief of Mission
Key Requirements:
- ✓Worked directly with U.S. armed forces or under Chief of Mission authority
- ✓Faithful and valuable service to U.S. government
- ✓Experienced or experiencing ongoing serious threat as result of employment
- ✓Cleared background checks and screening
Benefits:
Green card and protection for translator and qualifying family members
Application Form: Form I-360
Physicians
Foreign medical graduates who have worked in underserved areas
Key Requirements:
- ✓Foreign medical graduate with J-1 or J-2 status
- ✓Completed residency in internal/family medicine, pediatrics, or psychiatry
- ✓Worked full-time in underserved area for at least 5 years
- ✓Continuing to work in underserved area or medically underserved population
Benefits:
Green card without labor certification requirement
Application Form: Form I-360
Special Immigrant Juveniles (SIJ) - Detailed Process
🚨 Critical Age and Marital Status Requirements
SIJ petitions must be filed while the beneficiary is under 21 and unmarried.These requirements are strictly enforced and cannot be waived.
Timing is Critical:
- • Must obtain juvenile court findings before turning 21
- • Cannot marry during the process
- • Age is calculated at time of filing I-360, not approval
- • Some states have age limits lower than 21 for juvenile court jurisdiction
SIJ Green Card Process
Obtain Juvenile Court Findings
Work with juvenile court to obtain required findings for SIJ eligibility
Required Documents:
- •Petition for juvenile court jurisdiction
- •Evidence of abuse, abandonment, or neglect
- •Request for specific SIJ findings
- •Best interest determination request
File Form I-360 Petition
Submit SIJ petition to USCIS with court orders and supporting evidence
Required Documents:
- •Form I-360 (Special Immigrant Petition)
- •Juvenile court order with required findings
- •Evidence of abuse, abandonment, or neglect
- •Birth certificate and identity documents
USCIS Review and Decision
USCIS reviews petition and issues approval or denial
Required Documents:
- •Response to any requests for evidence
- •Updated documentation if circumstances change
- •Maintain unmarried status and age under 21
Apply for Green Card
File adjustment of status application after I-360 approval
Required Documents:
- •Form I-485 (Application to Adjust Status)
- •Medical examination
- •Biometric services
- •Supporting civil documents
SIJ Requirements
Special Immigrant Juvenile Requirements
- Under 21 years old and unmarried at time of filing
- Present in the United States when filing petition
- Subject to jurisdiction of juvenile court in the United States
- Eligible for long-term foster care or similar custody due to abuse, abandonment, or neglect
- Court determined reunification with one or both parents not viable due to abuse, abandonment, or neglect
- Court found that return to country of nationality or last habitual residence not in best interest
Religious Worker Requirements
Religious Worker Requirements
- Member of the religious denomination for at least 2 years before filing
- Coming to work in one of the following capacities:
- • Solely as a minister of the religious denomination
- • In a religious vocation (life dedicated to religious practices)
- • In a religious occupation (activity relating to traditional religious function)
- Job offer must be full-time position (at least 35 hours per week)
- Religious organization must be a bona fide nonprofit religious organization in the U.S.
- Organization must be tax-exempt under section 501(c)(3) of the Internal Revenue Code
Military Special Immigrant Categories
Enlistment Outside U.S.
- •Enlisted outside the United States
- •National of independent state with treaty allowing enlistment
- •Served honorably for specified period
- •Still serving or honorably discharged
Service During Hostilities
- •Served honorably in active duty during specified periods of hostilities
- •Citizen or national of country that was ally of U.S. during service period
- •Executive order designated the period of hostilities
- •Lawfully admitted for permanent residence
Important Considerations
Processing Times
- • SIJ petitions: 12-18 months for I-360
- • Religious workers: 8-12 months processing
- • Military categories: 6-10 months typically
- • Afghan/Iraqi translators: Expedited processing available
Common Issues
- • SIJ: State court jurisdiction and findings requirements
- • Religious workers: Proving religious nature of position
- • Military: Documentation of honorable service
- • All categories: Meeting specific statutory requirements