SIJS: Special Immigration Juvenile Status

April 3, 2024

I think SIJS is such a well kept secret in the immigration community. SIJS is a form of immigration relief that is available to certain undocumented minors who have been abused, neglected, or abandoned by one or both parents.

Eligibility Requirements: To be eligible for SIJS, individuals must meet five crucial requirements:

  1. Applicants must be under 21 years of age (for Maryland and Washington, D.C. residents) or under 18 years of age (for Virginia residents).
  2. They should not be legally married.
  3. Eligible individuals must have faced abuse, abandonment, or neglect from one or both of their parents.
  4. It must be deemed not in their “best interest” to return to their home country.
  5. Under the jurisdiction of the state’s juvenile court (the first step).

The Process: Obtaining immigration status through SIJS involves a two-step process:

  1. The first step requires a court case in a state family court, where the minor must have a guardian—an adult willing to provide legal custody until the minor’s 21st birthday. This guardian can be a family member, present biological parent or family friend. Success in the family court case results in a special findings order and paves the way for the next step.
  2. The second step involves filing a petition to the U.S. Citizenship and Immigration Services (USCIS) for immigration status, known as the I-360 Petition. This must be done before the minor’s 21st birthday to remain eligible for SIJS relief.

Understanding Legal Requirements:

The legal requirement concerning “abuse, abandonment, or neglect” can be intricate and varies depending on the minor’s location. Notably, success has been achieved in cases where minors are in regular communication with parents but haven’t received financial support since coming to the U.S. Additionally, cases involving the death of one biological parent, even without prior abuse, abandonment, or neglect, have proven successful.

Advantages of SIJS:

Compared to other forms of relief, such as asylum or cancellation of removal, SIJS is considered more accessible. Importantly, it is not discretionary and doesn’t require approval from an immigration judge.

The SIJs process is complicated and lengthy. Partner with The Blackwood Firm on your SIJs matter and enjoy the benefit of hiring one attorney to guide you through both steps of the SIJs process.