What is the Juvenile SIJ Visa or Special Immigrant Juvenile classification?
What is the Juvenile SIJ Visa or Special Immigrant Juvenile classification?
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The Juvenile SIJ Visa is given to unaccompanied minors that are in the United States without any legal documents or status. It consists of a relief through which the child’s mother or father believes that it is of the son or daughter’s best interest for them to remain in the US territory and that reunification with his or her parents is not possible.
According to information from the United States Citizenship and Immigration Services, USCIS, if you are in the US and need protection from a juvenile court because you were abandoned, abused or neglected by a parent, you may be eligible for SIJ (Special Immigrant Juvenile) classification.
“If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card)”, the USCIS website reads. However, check the following table because you need to meet all of the statutory requirements to be eligible:
| You Must: | When? |
| Be under 21 years of age. | Only at the time you file the SIJ petition (Form I-360). |
| 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 orA similar basis under state law; AND It is not in your best interest 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. |
“Although state courts have the authority to provide certain protections for children under state law, they do not have the authority to administer or enforce provisions of the Immigration and Nationality Act (INA). Only USCIS can grant or deny SIJ classification or lawful permanent residence (a Green Card)”, the USCIS explains on their website.
How to petition for SIJ classification
To petition for SIJ classification you will need to file the following forms and supporting documentation with USCIS:
- Form I-360, 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 (PDF) from the US 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.
- Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you have an attorney or accredited representative who represents you.
Can I get a Green Card after receiving the SIJ classification visa?
If you were granted SIJ classification, the answer is yes, you may be eligible to apply for a Green Card. You will have to file Form I-485, Application to Register Permanent Residence or Adjust Status, which is also known as applying for lawful permanent resident status or LPR.
The USCIS published on its website the following requirements for obtaining a Green Card if you were granted SIJ classification.
- You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
- You were inspected and admitted or inspected and paroled into the United States;
- You are physically present in the United States at the time you file your Form I‑485;
- You are eligible to receive an immigrant visa;
- An immigrant visa is immediately available to you when you file your Form I-485 and at the time USCIS makes a final decision on your application;
- None of the applicable bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief; and
- You merit the favorable exercise of USCIS’ discretion.
USCIS generally makes decisions on SIJ petitions within 180 days, which is about six months from the filing date. However, you should take into consideration that there are bars to adjustment and grounds of inadmissibility that could prevent you from obtaining a Green Card.
Bars to a Green Card are related to having committed a particular act or violation of immigration law, according to the USCIS. However, if you classified as an SIJ, you are exempt from all bars, except terrorism.
As for grounds of inadmissibility, we advise you to check the Policy Manual where you will be able to know if you will be admissible to the United States or not. If everything sounds complicated, don’t worry, an immigration attorney will be able to guide you through the entire process and help you determine if you are considered admissible or not.
In case you were found inadmissible, it is possible that you will be able to file a waiver of the grounds of inadmissibility or another form of relief. Contact an immigration lawyer for more details. If you are in San Diego, California, Kannan Law will be ready to help you and answer all of your questions about immigration and the SIJ classification or juvenile visa.