SIJ — Special Immigrant Juvenile status (under 21)

Special Immigrant Juvenile (SIJ) classification is for children under 21 in the US who have been abused, abandoned, or neglected by one or both parents (or guardians). Required state court findings. Path to green card with employment authorization.

Official USCIS Fee (effective 2024-04-01)

Verified source: Federal Register 2024-01427

Fee: FREE

FREE for SIJ classification

Verify current fee

⚠️ USCIS fees can change. Verify the current fee before filing at:

• USCIS Fee Calculator — official tool
• USCIS Form G-1055 — full schedule

Critical: Two-step process

SIJ requires:

1. State court order finding child was abused, abandoned, or neglected by one or both parents AND not viable to be reunited with that parent
2. USCIS petition with state court order attached

Cannot skip step 1 — USCIS will not adjudicate without state court findings.

Eligibility (all must be met)

1. Under 21 years old
2. Unmarried
3. Physically present in US
4. Subject to juvenile court order declaring you’re dependent on the court OR placing you in custody of a state agency or individual appointed by court
5. State court found that:
   • You CANNOT be reunified with one or both parents due to abuse, abandonment, or neglect
   • It is NOT in your best interest to return to your country of nationality

The process

Step 1: State court proceedings

• Family court / juvenile court / dependency court
• Petition for guardianship or dependency
• Court must make specific factual findings
• Get certified copy of court order

Step 2: File Form I-360 with USCIS

• Form I-360 with SIJ option marked
• Attach state court order
• Attach evidence of identity and date of birth
• $0 fee
• Annual cap (currently 4,000 per year, but unaccompanied minors prioritized)

Step 3: Adjustment to LPR

• After SIJ approval, eligible for green card
• Form I-485 filed concurrently if visa number available
• Currently 2-5 years wait for visa number for most SIJ
• During wait: deferred action, work authorization, protection from deportation

Who applies for SIJ

Typically:

• Unaccompanied minors at US border (UAC) — most common
• Children in US foster care abandoned by parents
• Children in informal kinship care placed with relatives by state court
• Children abused by their parents (need state child welfare involvement)

Required state court findings

The state court must make these SPECIFIC findings (using exact language):

1. Child is dependent on the court OR has been placed in custody of an individual or state entity
2. Reunification with one or both parents is not viable due to abuse, abandonment, neglect, or similar basis under state law
3. It would not be in the best interest of the child to be returned to country of last residence

Without these specific findings, USCIS will deny.

Special considerations

Age-out protection

If you turn 21 BEFORE filing I-360, you may still qualify if you filed petition before 21st birthday. Some courts allow proceedings up to 21 if filed earlier.

Abuse by ONE parent OK

You don’t need BOTH parents to have abused/abandoned. Findings against one parent are sufficient. The other parent can be a non-issue (already passed away, never lived in US, etc.).

Cannot petition for parents

SIJ recipients can NEVER petition for the abuser parent for immigration benefits. The abuser is permanently barred from receiving immigration status through the SIJ.

Family-based petitions also allowed

After getting green card via SIJ, recipient can later petition for non-abuser family members.

Common errors

• State court order missing specific findings — most common cause of denial
• Applying after 21st birthday without exception
• Marrying before petitioning — must remain unmarried
• Not getting attorney — SIJ is complex, family court + USCIS process

Resources

• USCIS SIJ: uscis.gov/humanitarian/special-immigrant-juveniles-sij-status
• Vera Institute (Immigrant Rights Project): vera.org
• Florence Project (Florence Immigrant and Refugee Rights Project): firrp.org — UAC focus
• AILA Asylum and Refugee Section: contact local chapter

Last verified: 2026-05-25.

← See all paths to legal status

Related procedural information

• Consulate of your country in the US — passport renewal, consular ID, document apostille
• ITIN — file federal taxes without SSN — required regardless of immigration status
• USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
• Find an immigration attorney — pro bono lists + AILA + BIA-recognized
• Know Your Rights — ICE encounters — constitutional protections

General procedural information based on official sources. Not personalized legal advice.