The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.
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.
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.|