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Green Card Based on SIJ Status
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.