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. A state juvenile court must find that reunification with one or both parents is not viable because of abuse, abandonment, neglect, or a similar basis under state law. 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:

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: for SIJ-based Forms I-360 filed on or after May 10, 2026, USCIS says it no longer automatically considers deferred action for SIJs who cannot adjust solely because a visa is not available; prior deferred-action grants remain valid for the authorized period unless USCIS terminates them (litigation status: SIJS deferred action and work permit changes)

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

USCIS says you must file Form I-360 for SIJ classification before your 21st birthday (8 CFR 204.11(b)). USCIS also offers an SIJ expedite appointment at a field office to file Form I-360 in person within the 2 weeks before your 21st birthday — request it through the USCIS Contact Center (800-375-5283).

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

Last verified: 2026-09-24.

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