Special Immigrant Juvenile Status (SIJS) is a path to a green card for undocumented youth whom a juvenile court finds cannot be reunified with one or both parents. The inability to reunite must be due to abuse, neglect, abandonment, or a similar basis in state law. Many undocumented youth in the United States can qualify for SIJS. SIJS is one of the most common paths to legal status for undocumented youth in the United States. However, many undocumented youth miss out because they don’t find out about it until it’s too late.
Which undocumented youth are eligible for SIJS?
A child or youth (under the age of 21) who a state juvenile court has found to be dependent on it qualifies for SIJS. Such a child, whose custody or guardianship, is given by a state juvenile court to an individual or to a state agency, department or entity qualifies for SIJS.
A child who a juvenile court of any state has found to be dependent on it qualifies for SIJS. Such a child, whose custody or guardianship, is given by a state juvenile court to an individual or to a state agency, department or entity qualifies for SIJS.
What requirements does a child need to meet for SIJS?
The requirements for SIJS are that a juvenile court –the state court that makes decisions regarding the custody or guardianship of children –must legally give custody or guardianship of the child to someone else. The person or agency getting custody or guardianship can be a state department, agency or an individual. Some state court grant custody and guardianship until the age of 21 for the purpose of SIJS while others only do so until age 18 or 19. This is different for each state. A state court judge signs an order finding that the child cannot be reunified with one or both parents. The lack of reunification has to be because the parent(s) abused, neglected, abandoned or did something similarly bad under the state’s law to the child. The state court judge must find that it is not in the best interest of the child to be deported to his or her court of nationality. In order to qualify, the child must also not be married but he/she can be a parent.
The requirements for SIJS are that a juvenile court –the state court that makes decisions regarding the custody or guardianship of children -must legally give custody or guardianship of the child to a state department, agency or an individual. Some state court grant custody and guardianship until the age of 21 for the purpose of SIJS while others only do so until age 18 or 19; this is different for each state. A state court judge has to sign an order finding that the child cannot be reunified with one or both parents because the parent(s) abused, neglected, abandoned or did something similarly bad under the state’s law to the child. The state court judge must make a find that it is not in the best interest of the child to return to his or her court of nationality. In order to qualify, the child must also not be married but he/she can be a parent.
Things to know about qualifying for SIJS
Children and youth who entered without inspection through a land border can qualify as well as those that came with a visa but overstayed. If you or someone you know was born outside the US, is currently in the US, and is under the age of 21 (18 in some states), he/she is likely to qualify for SIJS. Please contact us to learn more about your options in Maryland and DC.