Special Immigrant Juvenile classification

Some children present in the United States without legal immigration status may be in need of humanitarian protection because they have been abused, abandoned, or neglected by a parent.

Special Immigrant Juvenile (SIJ) status is an immigration classification that may allow for these vulnerable children to apply immediately for lawful permanent resident status (“LPR” status or a “Green Card”).

A child must be unmarried, under 21 years of age at the time of filing with U.S. Citizenship and Immigration Services (USCIS), physically present in the United States, and have a qualifying juvenile court order.

The order must include the three following findings: • The child is dependent on the court, or legally committed to or placed under the custody of either a state agency or department, or an individual or entity appointed by a juvenile court. • Reunification with one or both of the child’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law. • It would not be in the child’s best interest to be returned to his or her country of origin.

1. Obtain a juvenile court order that contains the required findings. 2. Apply to USCIS by filing USCIS forms and paying any corresponding fees or requesting fee waivers: o Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and supporting documents.

A child must obtain a juvenile court order and apply to USCIS for SIJ status before the child ages-out of the juvenile court’s jurisdiction (usually before 18 years of age), and before he or she turns 21 (even in states where juvenile court jurisdiction extends beyond age 21).

Note that approval of Form I-360 confers SIJ status, but does not confer permanent residency.

o Form I-485, Application to Register Permanent Residence or Adjust Status, and supporting documents. If possible, filing this form at the same time as Form I-360 is recommended. This form must be filed and approved in order to obtain a “Green Card,” which is a key step towards U.S. citizenship.

o Related USCIS forms if necessary, including, but not limited to: Form I-765, Application for Employment Authorization;

3. Attend USCIS appointments such as: o Biometric services appointment (fingerprinting and photographs) for children ages 14 and older o Interview(s)

The child welfare worker should refer the child to an attorney with immigration law experience, if one is not available through its own legal department. See the United States Department of Justice Free Legal Service Providers list: http://www.justice.gov/eoir/probono/states.htm.

USCIS Resources: Visit the USCIS website: www.uscis.gov or call the toll-free hotline: (800) 375-5283 TTY: (800) 767-1833.