Special Immigrant Juvenile Status is a type of immigration relief for immigrant children who have been “abandoned, abused, or neglected” by a parent. Children who are granted SIJS can legally stay in the United States and eventually apply for a legal permanent residency.
While each state sets their own legal definitions of abandonment, abuse and neglect, here is a general overview for young immigrants who may consider applying for this immigration relief:
- Abuse means that someone is hurting you. Abuse can come in many forms, like emotional or physical abuse. In the case of SIJS, it may not always mean that your parents are abusing you. If someone else (like a relative or a neighbor) is hurting you and your parents can’t keep you safe, this may count as abuse.
- Neglect is when one or both parents can’t or don’t give you the care that you need. If your parents can’t feed you, give you a safe place to sleep, or aren’t able to take care of you when you’re sick, it could be considered neglect.
- Abandonment is when one or both parents are not there at all to take care of you. This could be because they passed away, or because they left and you have not had contact with them.
It’s important to remember that the definition of “abandoned, abused, and neglected” might be different in your home country. Behavior that may be considered a normal part of the culture in some places may be considered abuse or neglect in the U.S.
If you are granted SIJS, you will not be able to petition for immigration benefits for your parents in the future. It’s important to talk to an attorney as soon as possible so that they can help you understand if you qualify for SIJS.
Also Read: Pro-Bono Lawyers And Free Legal Services in New York Immigration Courts
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated September 2025. A version of this article originally appeared on ImportaMi.
Who is eligible to seek Special Immigrant Juvenile Status?
In order to qualify for SIJS, you must meet the following criteria:
- You are living in the U.S. This probably means that you are living in the U.S. without documentation or lawful status, and you may be in removal proceedings (you already have a case in immigration court). You can not apply for SIJS from outside of the U.S.
- You are under 21 years old. Although you can file for SIJS until you are 21, some states require you to complete other steps of the application process (like getting a juvenile court order) before you are 18. Check with an attorney to make sure that you know the age requirements in the state where you live.
- You are unable to live with at least one of your parents because your home situation is harmful to you or your parents are unable to care for you.
- You are not married.
A juvenile court in the U.S. must give you a court order saying that:
- You have been declared dependent or placed under custody of a state agency, department, or an individual appointed by a state court. In other words, you rely on someone for support and to take care of you, or the state is taking care of you.
- You cannot be reunified with one or both parents because of abuse, abandonment, or neglect.
- Returning to your home country is not in your best interest.
Getting a juvenile court order is an essential step to getting SIJS. Every state has a different process for juvenile court orders, and it’s important that you talk to an attorney so that they can help you with the process of getting a juvenile court order.
How do I apply for Special Immigrant Juvenile Status?
Once you have your juvenile court order, fill out form I-360 and send it to U.S. Citizenship and Immigration Services (USCIS).
Make sure you go to all of your court hearings. If you are an unaccompanied minor in the U.S., you likely already have a court hearing scheduled. You or your attorney will explain to the judge that you need more time while you wait for a decision on your SIJS application.
- Missing any scheduled court hearings can have serious consequences on your application process and can cause you to get deported.
- If you do not have an attorney yet, you must still go to your court hearing no matter what. Tell the judge at your hearing that you need time to find an attorney.
- Check your case status frequently so that you always know when and where your court hearing is. Sometimes the date and time of your hearing will change, so it’s important to check your case status often.
Also Read: Initial Immigration Court Appearance: How to Prepare
Once you have a pending SIJS application with form I-360, Immigration and Customs Enforcement (ICE) should pause any removal proceedings against you. In other words, ICE should not deport you while you have an SIJS application in process.
Receiving a decision about Special Immigrant Juvenile Status
Unfortunately, there is not exact amount of time that this process can take. So, make sure you keep checking your mail and your case status. If you move to a new address, always file a change of address so that you don’t miss any important notices.
Also Read: USCIS Case Status: How To Check Your Visa Petition and More
Once you receive a decision, your journey to legal status is not finished.
If USCIS denies your application, you may have the option to appeal. Talk to your attorney about this option.
If USCIS approves your application, you will have to inform the judge at your next hearing that your petition has been approved.
You will have to file for an adjustment of status. This is the next step toward becoming a legal resident and getting a green card. Unfortunately, getting to this step in the process can take time.
While you wait, it’s likely that you will be given deferred status. This means that you are protected from deportation and that you can apply for a work permit.
Also Read: How to Change Your Address with Immigration Agencies
