Special Immigrant Juvenile

Green Card for a Special Immigrant Juvenile (SIJ)

Certain children present in the United States and who are declared dependents on a juvenile court located in the United States or legally committed to or placed in the custody of an agency or department of the particular state the child is residing in, may be eligible for special immigrant status and to apply to adjust their status to permanent residence and obtain a green card. 

Eligibility Criteria

To qualify, the child must:

• Be unmarried
• Be under the age of 21 at the time of filing Form I-360, Petition for Ameriasian, Widow(er)s, or Special Immigrant
• Have been declared a dependent on a juvenile court in the United States while present in the United States or have been legally committed to, or placed under the custody of, an agency or department of the state or an individual or entity appointed by the state or juvenile court and continues to be eligible for long term foster care
• Have been the subject of a determination that reunification with one or both parents is not viable due to abuse, neglect, abandonment or similar bases under state law
• Have been the subject of court decision that it would not be in the child’s best interest to be returned to his or her country of nationality or last country of habitual residence or that of his or her parent(s)
• Obtain consent from U.S. Citizenship and Immigration Services to the granting of SIJ status, or if the child is in the custody of the federal government and seeks a change in his or her custody status, consent from the Secretary of Health and Human Services for the juvenile court to handle the case.

Application Process

Children who meet the above qualifications are known as Special Immigrant Juveniles (SIJ).  To apply for a green card as an SIJ, the child, or a person filing on behalf of the child, must file:

• Form I-360, Petition for Ameriasian, Widow(er)s, or Special Immigrant 
• Form I-485, Application to Register Permanent Residence or Adjust Status

In most cases, Forms I-360 and I-485 may be filed together. See the “Concurrent Filing” link to the left under “Green Card Processes & Procedures.”