Immigration Relief 

for Abused Children

SPECIAL IMMIGRANT JUVENILE STATUS

Information for Juvenile Court Judges 

and Child Welfare Professionals

Questions to USCIS

State juvenile courts and child welfare agencies can 

submit general questions or outreach requests to 

USCIS-IGAOutreach@uscis.dhs.gov. 

General SIJ Information

Visit the “Humanitarian” section of the USCIS 

Website www.uscis.gov/humanitarian.

Reporting Crimes

Contact DHS Homeland Security Investigations 

at (866) DHS-2-ICE for concerns regarding 

human trafficking.

General Information on 

Adjustment of Status

https://www.uscis.gov/green-card/green-cardprocesses-and-procedures/adjustment-status

Questions Regarding a Case

You may ask USCIS about a case by calling 

(800) 375-5283, or making an INFOPASS 

appointment at https://infopass.uscis.gov.

Check Case Status

Check the status of a case by visiting the “Check 

your Case Status” section of www.uscis.gov.

M-1114B (04/16) 

Overview

Special Immigrant Juvenile (SIJ) status is an 

immigration classification for certain foreign 

children present in the United States who have 

been abused, neglected or abandoned by a parent. 

Children may be eligible if they are the subject of 

a juvenile court order that makes certain findings 

regarding: 

• Their court-ordered custody, placement or 

dependency; 

• The non-viability of parental reunification; and 

• The best interests of the child. 

SIJ classification allows these individuals to apply 

for lawful permanent resident (LPR) status (also 

known as getting a Green Card). Children eligible 

for SIJ classification may include those who are: 

• In a state’s child welfare system; 

• Currently (or were previously) in federal 

custody due to their undocumented status; or 

• Living with a foster family, an appointed 

guardian or the non-abusive custodial parent.

Additional Tips

1. BE FAMILIAR WITH THE CURRENT ELIGIBILITY 

REQUIREMENTS. 

Section 101(a)(27)(J) of the Immigration 

and Nationality Act establishes the 

definition of Special Immigrant Juvenile.

2. PROVIDE THE FACTUAL BASIS FOR 

THE JUVENILE COURT ORDER FINDINGS. 

Template court orders are generally 

insufficient. Court orders that include a 

reasonable factual basis for the findings 

on dependency or custody, parental 

reunification and best interests are usually 

sufficient for USCIS to grant consent. 

If the court order does not include a 

reasonable factual basis for the court’s 

findings, petitioners may submit alternative 

evidence such as: separate orders containing 

findings of fact, records from the judicial 

proceedings or affidavits summarizing the 

evidence presented to the court.

3. BE TIMELY. 

• The child must obtain the juvenile 

court order before he or she ages out of 

the court’s jurisdiction. State laws on 

jurisdiction vary, but jurisdiction may end 

at 18 years of age. 

NOTE: If a child (who is otherwise eligible) ages out 

of the juvenile’s court’s jurisdiction prior to filing the 

SIJ petition with USCIS, he or she remains eligible 

to petition for SIJ classification. 

• The child must submit the SIJ petition to 

USCIS before turning 21, even in states 

where court jurisdiction extends beyond 

age 21. 

NOTE: If a child (who is otherwise eligible) turns 21 

years of age after filing the SIJ petition with USCIS, 

he or she remains eligible for SIJ classification.
Role of Child Welfare Professionals 

Child welfare professionals are uniquely positioned 

to identify and assist victims of child abuse, neglect 

or abandonment who may be eligible for SIJ 

classification. Child welfare professionals may 

assist by: 

• Referring the child’s case to an immigration 

attorney or accredited representative;

• Providing assessments and reports to assist 

the juvenile court in making findings that may 

establish SIJ eligibility; and

• Collecting important documents, such as proof of 

the child’s age and identity.

Role of Juvenile Courts 

For SIJ purposes, a juvenile court is a court that 

has jurisdiction under state law to make judicial 

determinations about the care and custody of 

juveniles. Examples of 

courts that are considered 

juvenile courts are: 

dependency, delinquency, 

probate and family courts. 

Juvenile courts make 

findings based on state 

law about the abuse, 

neglect or abandonment, 

family reunification, and 

best interests of the child. 

Juvenile court judges 

apply state law on issues 

such as jurisdiction, evidentiary standards, and 

parental notice, parental rights and due process. 

Although USCIS relies on the juvenile court’s 

findings on child welfare issues to determine 

whether a child is eligible for SIJ classification, only 

USCIS can adjudicate the SIJ petition.

Role of USCIS 

USCIS determines if the child meets the statutory 

requirements for SIJ classification under 

immigration law by reviewing the SIJ petition 

(Form I-360) and supporting evidence, including 

the juvenile court order. USCIS reviews the juvenile 

court order to ensure that all of the requisite findings 

were made. USCIS also determines whether or not 

to consent to the granting of SIJ classification. In 

order to consent, USCIS must determine that the 

request for SIJ classification is bona fide, which 

means the court order was sought for relief from 

abuse, neglect, abandonment or a similar basis 

under state law, rather than primarily to obtain an 

immigration benefit. To make this determination, 

USCIS requires the factual basis for the court’s 

findings, as described under the Additional 

Tips section.

Eligibility Requirements

To qualify, a child must meet the following four 

requirements:

1. Be under 21 years of age at time of filing the 

SIJ petition;

2. Be unmarried;

3. Be physically present in the United States; and

4. Have an order from a juvenile court that makes 

the following three findings:

• DEPENDENCY/CUSTODY: Declares the child 

dependent on the court, or legally places 

the child under the custody of an agency or 

department of a state, or an individual or entity 

appointed by a state or juvenile court. 

• Temporary orders are generally not sufficient. 

• PARENTAL REUNIFICATION: Reunification with 

one or both of the child’s parents is not viable 

because of abuse, neglect, abandonment or a 

similar basis under state law. 

• “Not viable” generally means the child 

cannot be reunified with his or her parent(s) 

before the age of majority. 

• The abuse, neglect, abandonment or similar 

basis under state law may have occurred in 

the child’s home country or in the United 

States. 

• BEST INTEREST: It would not be in the child’s 

best interest to be returned to his or her country 

of origin.

Petition for SIJ Classification

Form Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Fee None

Supporting 

Documentation

• The child’s birth certificate or other evidence of the child’s age;

• Certified copy of the juvenile court order which includes the judicial findings and a 

reasonable factual basis for each finding or alternative evidence to establish the factual 

basis for the findings; and

• U.S. Department of Health and Human Services consent, if a child in their custody seeks 

a juvenile court order that alters his or her HHS custody status or placement.

Supporting 

Forms

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, 

if applicable.

Filing with USCIS

Petition for SIJ Classification

The child must have a juvenile court order that 

contains the required findings before filing the 

following forms and supporting documentation with 

USCIS: Petition for SIJ Classification

SIJ-Based Lawful Permanent Resident 

(LPR) Application

A child who is granted SIJ classification must file a 

separate application to obtain LPR status, which is 

also known as “adjustment of status.” An application 

for LPR status may be filed together with the Form 

I-360 if a visa number is immediately available 

at the time of filing (in the EB-4 category) and 

USCIS has jurisdiction over the child’s application 

to adjust status. To apply for LPR status, a child 

submits a Form I-485, Application to Register 

Permanent Residence or Adjust Status, with all 

required documentation and evidence. Form I-485 

instructions provide detailed information about the 

filing requirements. 

NOTE: Biological or former adoptive parents of a child who 

obtains LPR status through SIJ classification can never be 

granted any immigration benefits through the SIJ child. 

However, a child who obtains lawful permanent residence 

or U.S. citizenship may petition for certain other qualifying 

family members through family-based immigration.

Any documents submitted in a foreign language must be accompanied by a full English translation. 

Translators must certify that they are competent to translate and that the translation is accurate.