If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).
Provision Allowing Special Immigrant Juveniles to File in Person Before Their 21st Birthday
Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may schedule an appointment within two weeks before their 21st birthday.
SIJ petitioners must File before their 21st birthday. SIJ petitioners nearing age 21 (or their representatives) may call the USCIS Contact Center at 800-375-5283 to schedule an SIJ expedite appointment at a local field office so they can File in person within two weeks before they turn 21.
The SIJ petitioner (or their representative) may use that appointment to File in person at the field office. USCIS will not examine the request for completeness, but will process it following standard receipting procedures. If your Form is properly filed, USCIS will issue a Notice of Action, using the date they physically received it at the field office as the receipt date.
Eligibility for Special Immigrant Juvenile Classification
You must meet all of the statutory requirements outlined below to be eligible for SIJ classification.
| You Must: | When? |
|---|---|
| Be under 21 years of age. | At the time you file the SIJ petition |
| Be currently living in the United States. You cannot apply from outside the country to come to the United States on SIJ classification. | Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition. |
| Be unmarried. This means you either: Have never been married; or Were previously married, but the marriage ended in annulment, divorce, or death. | Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition. |
| Have a valid juvenile court order issued by a state court in the United States which finds that: You are dependent on the court, or in the custody of a state agency or department or an individual or entity appointed by the court; You cannot be reunified with one or both of your parents because of ANY of the following: Abuse, Abandonment, Neglect or A similar basis under state law; AND It is not in your best interests to return to the country of nationality or last habitual residence of you or your parents. Note: Some juvenile courts may only be able to issue a juvenile court order if you are under 18 years of age. | Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition. EXCEPTIONS: You do not need to currently be under the jurisdiction of the juvenile court that issued your order if the court’s jurisdiction ended solely because: You were adopted or placed in a permanent guardianship; or You aged out of the juvenile court’s jurisdiction. |
| Be eligible for USCIS consent. This means that you must have sought the juvenile court order to obtain relief from abuse, neglect, abandonment or a similar basis under state law and not primarily to obtain an immigration benefit. | At the time USCIS makes a decision on your petition. |
| Have written consent from the Department of Health and Human Services (HHS)/ Office of Refugee Resettlement (ORR) to the court’s jurisdiction if: You are currently in the custody of HHS, AND The juvenile court order also changes your custody status or placement. | At the time USCIS makes a decision on your petition. . |
Petition for Special Immigrant Juvenile Classification
To petition for SIJ classification, you must have the following forms and supporting documentation with USCIS:
- Petition for Amerasian, Widow(er), or Special Immigrant
- Evidence of your age. You must submit one of the following (also submit a certified English translation, if applicable):
- Birth certificate;
- Passport;
- Official identity document issued by a foreign government, such as a cartilla or a cedula; or
- Other documents that satisfactorily establish your age.
- Valid juvenile court order(s) that make the required determinations and include or are supported by evidence of the factual basis for the court’s determinations.
- Written consent from the U.S. Department of Health and Human Services (HHS) if you are in HHS custody and the juvenile court order also changes your custody status or placement.
- Notice of Entry of Appearance as Attorney or Accredited Representative, if you have an attorney or accredited representative who represents you.
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