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. 

USCIS had update their policy manual but the following changes were only recently updated in the regulations in April 2022. CHANGES TO 8 CFR § 204.11 UNMARRIED 8 CFR § 204.11(b)(2): SIJS applicant now required to remain unmarried only through the adjudication of the SIJS petition, rather than through the adjudication of the subsequent application for adjustment of status. Prior to the change in the regulations a SIJS applicant had to remain unmarried until they completed their adjustment of status and obtained residency. Under the changed regulations a SIJS applicant can get married once their I-360 petition is approved and while they are waiting for the priority date to become current so they can adjust status. JUVENILE COURT’S JURISDICTION 8 CFR § 204.11(c)(3)(ii): The juvenile court order must be in effect on the date the applicant files the SIJS petition and continue only through USCIS’s adjudication of the SIJS petition, rather than through the adjudication of the subsequent application for adjustment of status. 8 CFR §204.11(c)(3)(ii) specifies the judicial determinations that the juvenile court order must contain, including: (1) the dependency or custody determination, (2) the determination that the young person cannot reunify with one or both parents due to abuse, neglect, abandonment, or a similar basis under State law, and (3) the best interest determination. For this reason it is important to make sure the juvenile court order should include the “factual basis” for each of the three SIJS findings/judicial determinations as required by 8 CFR § 204.11(d) and should also cite to state law for each of the determinations. 1 If the juvenile court indicates that parental reunification was not viable due to a basis other than abuse, neglect, or abandonment, the applicant must include evidence of how that basis is legally similar to abuse, neglect, or abandonment under state law. For additional guidance about what to include in the juvenile court order, see 6 USCIS-PM J.3(A)(1).

Legal Authorities For Special Immigrant Juvenile Status

IN-PERSON APPOINTMENTS AT USCIS FIELD OFFICES FOR SIJS AGE-OUTS In-person appointments can be scheduled if the child is turning 21 in two weeks or sooner by contacting the  USCIS Contact Center to request an expedited appointment with a USCIS field office . If you try to make an appointment more than 14 days prior to the child’s twenty-first birthday USCIS will presumably advise you to file by mail instead.  No I-360 receipt will be issued at the in-person appointment. The I-360 receipt will be issued by mail but will have the filing date of the day they appeared in-person at the field office. The USCIS field office won’t issue any proof of filing at the appointment.  In-person appointments can be scheduled if the child is turning 21 in two weeks or sooner by contacting the  USCIS Contact Center to request an expedited appointment with a USCIS field office . If you try to make an appointment more than 14 days prior to the child’s twenty-first birthday USCIS will presumably advise you to file by mail instead. 

General Eligibility Requirements for SIJ Classification INA§101(a)(27)(J) (codified at 8 U.S.C. § 1101(a)(27)(J) (a) As used in this chapter— (1)–(26) * * * (27) The term “special immigrant” means— (J) an immigrant who is present in the United States— (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with 1 or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law; (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien’s best interest to be returned to the alien’s or parent’s previous country of nationality or country of last habitual residence; and (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that— (I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the custody of the Secretary of Health and Human Services unless the Secretary of Health and Human Services specifically consents to such jurisdiction; and (II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; PROCESS Age-out Protections for Filing with USCIS In general, a juvenile may seek SIJ classification if he or she is under 21 years of age and unmarried at the time of filing the petition with USCIS. However, state law is controlling as to whether a petitioner is considered a “child” or any other equivalent term for a juvenile subject to the jurisdiction of a state juvenile court for custody or dependency proceedings. If a petitioner was under 21 years of age on the date of the proper filing of the Form I-360, and all other eligibility requirements under the statute are met, USCIS cannot deny SIJ classification solely because the petitioner is older than 21 years of age at the time of adjudication. USCIS RECENTLY IMPLEMENTED IN-PERSON APPOINTMENTS AT USCIS FIELD OFFICES FOR SIJS AGE-OUTS For Applicants who are within a month of their 21st birthday, USCIS allows them to make an appointment to drop off their I-360 self-petition in-person to ensure it is timely filed. Juvenile Court Order For purposes of SIJ classification, a juvenile court is defined as a U.S. court having jurisdiction under state law to make judicial determinations on the dependency and/or custody and care of juveniles. This means the court must have the authority to make determinations about dependency and/or custody and care of the petitioner as a juvenile under state law at the time the order was issued. Depending on the circumstances, such a determination generally would be expected to remain in place until the juvenile reached the age of majority, or until the goal of a child welfare permanency plan, such as adoption, or other protective relief ordered by the juvenile court has been reached. The title and the type of court that may meet the definition of a juvenile court varies from state to state. Examples of state courts that may meet this definition include: juvenile, family, dependency, orphans, guardianship, probate, and youthful offender courts. Not all courts having jurisdiction over juveniles under state law may be acting as juvenile courts for the purposes of SIJ classification. For example, a court of general jurisdiction that issues an order with SIJ-related findings outside of any juvenile custody or dependency proceeding would generally not be acting as a juvenile court for SIJ purposes. The burden is on the petitioner to establish that the court is acting as a juvenile court at the time that the order is issued. To be eligible for SIJ classification, the petitioner must submit a juvenile court order(s) with the following determinations, and the record must provide evidence that there is a reasonable factual basis for each of the determinations: