Green Card Based on SIJ Status

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Once you have met all the eligibility requirements for SIJ status, you need to establish your eligibility for a green card.  You may need to file for a waiver in order to get a green card if you have certain ineligibilities (known as “inadmissibilities”).

For example, you might not qualify for a green card if you are (or were):

  • A risk to people or property, because of a mental or physical disorder
  • A prostitute or pimp
  • A drug addict or abuser
  • An alien smuggler

However, the law has exceptions. For example, you may receive an exemption if you:

  • Now get medical treatment that controls a dangerous mental or physical disorder
  • Were forced into prostitution
  • Were arrested only once for drugs, and only for 30 grams or less of marijuana
  • Had smuggled only your parents or brothers/sisters into the United States

In addition, many of the reasons other green card applicants do not qualify might NOT apply to you as an SIJ, such as if you:

  • Cannot financially support yourself
  • Are unlawfully present in the United States
  • Entered the United States by hiding on a boat, airplane, or other transport (as a stowaway)
  • Do not have a proper visa or passport

USCIS can waive most other disqualifying grounds if you show a good reason for a waiver, such as:

  • Humanitarian concerns or in the public interest.

In order to request a waiver, file a Form I-601, Application for Waiver of Grounds of Inadmissibility.

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