The special Immigrant Juvenile Status classification or SIJS allows for certain children under the age of 21 to obtain legal permanent residency in the United States on the basis that they have been separated from one or both of their parents due to abandoned, neglected, or abuse. Learn more about SIJS. After being classified as a SIJ and applying for adjustment of status, the SIJS applicant must demonstrate their admissibility or obtain a waiver of inadmissibility for any grounds that apply to them.

Grounds of Inadmissibility that Do NOT Apply to SIJS

SIJS applicants are exempt from certain grounds of inadmissibility. The following grounds of inadmissibility automatically do not apply to SIJS-based adjustment of status applicants and no application for a waiver need be submitted: 

▶ INA § 212(a)(9)(B) Unlawful presence: three- and ten-year bars A person who accrues more than 180 days but less than a year of unlawful presence in the United States, then voluntarily departs the country before immigration proceedings commence, is inadmissible for three years from the date of departure A person who accrues one year or more of unlawful presence, then leaves the United States voluntarily or by a deportation/removal order, is inadmissible for ten years from the date of departure.

▶ INA § 212(a)(4) Public charge Persons whom the government believes are likely to receive certain public benefits for more than an aggregate of 12 months over any 36-month period of time. 

▶ INA § 212(a)(5)(A) Labor certification Individuals who enter the United States to perform work without a labor certification. 

▶ INA § 212(a)(6)(A) Present without admission or parole Persons who entered the United States without inspection.

▶ INA § 212(a)(6)(C) Fraud or misrepresentation, including false claim to U.S. citizenship Use of a forged U.S. passport or green card or someone else’s U.S. birth certificate.

▶ INA § 212(a)(6)(D) Stowaways Persons who board a vessel without consent of the owner or person in command of the vessel. 

▶ INA § 212(a)(7)(A) Immigrants not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document Persons who arrive at the border without any documents, or who possess an invalid visa 

Grounds of Inadmissibility That Are Waivable

Grounds of inadmissibility that do apply but are waivable as a Matter of Discretion under a special waiver provision for special immigrant juveniles. The waiver standard is relatively generous and is “for humanitarian purposes, family unity, or when it is otherwise in the public interest.”  These waivers are considered as a matter of discretion. 

• INA § 212(a)(1) Health-related grounds: Communicable diseases, vaccinations, mental or physical disorder that poses a threat to self or others, drug abuser or drug addict Tuberculosis, lack of certain required vaccines, certain mental or physical disorders (such as those related to suicide and alcoholism) and non-medical drug use in the prior year 
• INA § 212(a)(2)(A), but ONLY as related to a single offense of simple possession of 30 grams or less of marijuana Adult conviction/s, or admission of conduct while an adult, arising from a single incident involving simple possession of 30 grams or less of marijuana7 19-year-old is convicted as an adult of possessing 28 grams of marijuana 
• INA § 212(a)(2)(D) Prostitution and commercialized vice People who have been prostitutes or procurers (“pimps” or “Johns”)
• INA § 212(a)(6)(B) Failure to attend removal proceedings A noncitizen who fails to show up at their removal hearing in immigration court 
• INA § 212(a)(6)(E) Smugglers A noncitizen who has assisted others in entering the United States unlawfully, including paying for a coyote to bring their family member to the United States 
• INA § 212(a)(9)(A) Certain individuals previously removed A noncitizen removed from the United States for being inadmissible or deportable, or who leaves on their own after being ordered removed
• INA § 212(a)(9)(C) Individuals unlawfully present after previous immigration violations: the “permanent” bar Note: minors are NOT exempt from accumulating unlawful presence for the permanent bar (as they are for the three- and ten-year bar) A person who was ordered removed, left the United States, and then re-enters or attempts to re-enter the United States without being admitted A person who accrued more than a year of unlawful presence, left the United States, and then re-enters or attempts to re-enter without being admitted 
• INA § 212(a)(10) Miscellaneous grounds (polygamists, unlawful voters, etc.) A person who is coming to the United States to practice polygamy or who unlawfully votes, etc.