SIJ Status Explained: Immigration Options for Abused, Abandoned, or Neglected Minors
- Baking AI
- Oct 26
- 3 min read
Special Immigrant Juvenile Status (SIJ) is a U.S. immigration benefit created for children who have faced abuse, neglect, or abandonment by one or both parents. It allows eligible minors to stay legally in the United States and eventually apply for lawful permanent residence.
SIJ provides safety and stability for children who cannot return to their home country. It is a humanitarian path that recognizes the need for protection and long-term care.
Who Can Apply for Special Immigrant Juvenile Status (SIJ)
To qualify for SIJ (Special Immigrant Juvenile Status), an applicant must meet all of these requirements:
Be under 21 years old at the time of filing.
Be unmarried.
Be living in the United States.
Have a state juvenile court order that declares.
The child is dependent on the court or in the custody of a state agency, foster home, or individual appointed by the court.
Reunification with one or both parents is not possible because of abuse, abandonment, or neglect.
Returning to the home country is not in the child’s best interest.
This court order is the foundation of an SIJ case. It proves the child’s need for protection under U.S. law.
The SIJ Application Process
The SIJ process involves both the state juvenile court and the federal immigration system.
Obtain a State Court Order: The process begins in a state court. The court determines that the child meets the conditions above.
File Form I-360 with USCIS: After the court order, the next step is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This must include the state court findings.
Wait for USCIS Decision: If approved, the child receives SIJ classification. This does not yet grant permanent residence, but it allows the next step.
Apply for Green Card: Once SIJ status is approved and a visa number is available, the applicant can apply for a Green Card through adjustment of status (Form I-485).
SIJ applicants do not need to show financial sponsorship. They are also protected from many forms of removal while their case is pending.
Benefits of SIJ Status
Legal protection from deportation.
Eligibility to apply for permanent residence.
Access to education, healthcare, and safety in the U.S.
Freedom from needing parental consent to apply.
Pathway to U.S. Citizenship & Naturalization once the Green Card is obtained.
Important Limits
SIJ classification does not give the child immigration benefits for their parents. It is designed to protect the child only.Once a court has ruled that a parent abused, abandoned, or neglected the child, that parent cannot gain immigration benefits through the child’s future status.
Common Questions About SIJ
Can SIJ applicants work in the U.S.?
Yes. Once a child applies for adjustment of status, they can request work authorization.
Can SIJ lead to a Green Card?
Yes. After approval and when a visa number is available, SIJ holders can apply for permanent residency.
Can SIJ applicants travel abroad?
Travel is not recommended while the SIJ or Green Card application is pending. Leaving the U.S. can cause abandonment of the case.
What if the child turns 21 during the process?
As long as the SIJ petition (Form I-360) was filed before the 21st birthday, the child remains eligible.
How T.P.L. Global Can Help
T.P.L. Global is a trusted U.S. immigration law firm helping families and minors navigate complex humanitarian pathways with care and precision.
Our team, led by Tejas G. Patel, Esq., assists clients in securing protection through Asylum, U Visa (Victims of Crime), T Visa (Human Trafficking Survivors), VAWA (Violence Against Women Act – Self-Petition), and SIJ (Special Immigrant Juvenile Status).
We also help with family and individual immigration needs such as Visitor Visa, Spouse & Fiancé(e) Visas (IR/CR-1, K-1, K-3), Parents, Children & Siblings, and Removing Conditions on Residence (I-751).
If you or someone you know is caring for a child who may qualify for SIJ protection, our firm can guide you through every step with clarity and compassion.
Book your consultation today to start your case with expert legal support.
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