This page contains information that is no longer current but remains on our site for reference purposes.
SIJ Petition Process
This page gives you information on:
Note: You may apply for a Green Card based on Special Immigrant Juvenile (SIJ) status at the same time you petition for SIJ status only if (1) a visa number is immediately available at the time of filing, and (2) USCIS has jurisdiction over your application to adjust status. A visa number is immediately available when your priority date for your immigrant category (EB-4) is current. For more information, visit our Visa Availability and Priority Dates page and the Department of State’s Visa Bulletin page.
A visa was immediately available to you at the time you filed your Form I-485, but becomes unavailable or retrogressed before USCIS makes a decision on your application
USCIS will withhold a final decision on your Form I-485 until a visa becomes available
A visa is not immediately available to you and you have not yet filed your Form I-485
You cannot file your Form I-485 until a visa becomes available
You may still file the Form I-360 petition because there is no annual limit on the number of Form I‑360 petitions that USCIS may approve.
UPDATE: For information on the availability of EB-4 visas, please visit Adjustment of Status Filing Charts from the Visa Bulletin.
You must file at least two USCIS forms in order to obtain LPR status based on classification as a SIJ:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
- Form I-485, Application to Register Permanent Residence or Adjust Status.
You may be eligible to file both forms together, or you can file the Form I-360 and wait for a decision before you file the Form I-485. For EB-4 categories subject to a final action date for visa issuance, your Form I-485 will be rejected, and any applicable filing fees returned, if your priority date is not current. For more information, visit our page on EB-4 visa limits.
There are additional forms you may need to file depending on your circumstance. Please see our SIJ: Forms You May Need to File page.
If you want permission to work
File Form I-765, Application for Employment Authorization
- with your Form I-485, or
- after you get the Form I-797C (which shows that your Form I-485 was accepted).
If you want USCIS to waive a ground of ineligibility for a green card
File a Form I-601, Application for Waiver of Grounds of Inadmissibility,
- If you need a waiver, you should include this form with the Form I-485
- You can wait to file until after USCIS tells you that you need to file a Form I-601, but that will delay your green card.
How to Check if You Have Latest Version of the Form
- Look at the date in the lower right-hand corner of the form.
- The version date will be in parentheses like this: (Rev. 00/00/2000)N
- Check our website at www.uscis.gov to make sure you have the latest version of the form
- Under “Edition Date” on the webpage, you will see the acceptable forms.
- Telephone our USCIS Contact Center at 800-375-5283, and ask for the correct fee, filing location, and form edition date.
- You can order the latest forms for free by phone at 1-800-870-3676.
Fees, filing locations, and the forms can change from time to time. You can make sure you have the right fee, filing location, and form by:
- Visiting our Check Filing Fees page
- Telephoning the USCIS Contact Center at 800-375-5283, and asking for the correct fee, filing location, and form edition date.
|Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant||No fee if filed for SIJ status|
|Form I-485, Application to Register Permanent Residence or Adjust Status||Fee is lower if you are under 14|
|Form I-765, Application for Employment Authorization|
|Form I-601, Application for Waiver of Grounds of Inadmissibility||Fee|
Paying the Fee
- Pay with a check or money order from a United States bank or company.
- Pay the exact amount of the total of the fees for all the forms you file in the same envelope.
- Make the check or money order payable to the “Department of Homeland Security”.
Do NOT send a check or money order if you are asking for a fee waiver.
|You send payment with your fee waiver request||USCIS will cash your check to pay the fees|
|USCIS does not waive your fees||USCIS will ask you by mail to send in the fees|
|USCIS does waive your fees||USCIS will send you a Form I-797C, Notice of Action telling you that the fees have been waived|
There is no filing fee for the Form I-360. But if you cannot afford to pay the filing fees for the other forms:
- File a Form I-912, Request for Fee Waiver
- List ALL the forms that you are filing that you cannot afford to pay, and
- That are included in the same envelope.
|You are unable to pay the filing fees||File a Form I-912, Request for Fee Waiver with supporting documentation.|
|You send in all of the forms you list on the Form-912 in the same envelope||Those forms can be included with the fee waiver request|
|One fee is waived||All fees are waived for forms filed together|
|You file a Form I-765 after you file the Form I-485 without a fee||You must either pay the fee for the I-765 or include a Form I-912, with supporting documentation|
|You file a Form I-601 after you file the Form I-485 without a fee||You must either pay the fee for the I-601 or include a Form I-912, with supporting documentation.|