What Is Special Immigrant Juvenile Status?
SIJS is a federal immigration benefit created to protect immigrant youth who cannot be reunited with one or both parents due to abuse, neglect, or abandonment. It allows eligible youth to apply for lawful permanent residence (a green card) in the United States. SIJS is not a visa — it is a classification that makes a young person eligible to apply for adjustment of status. The process involves two stages: first, obtaining a court order from a state family court, and second, filing the SIJS petition with U.S. Citizenship and Immigration Services (USCIS).
Who Qualifies for SIJS?
To qualify for SIJS, a young person must: be under 21 years of age; be unmarried; be present in the United States; have been declared dependent on a juvenile court or placed under the custody of a state agency or individual; and have a court finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law. The court must also find that it is not in the young person's best interest to be returned to their home country.
The NC Family Court Order
In North Carolina, the family court order required for SIJS is typically obtained through a guardianship or custody proceeding. Attorney Cesanelli handles these proceedings in Wake, Durham, and Chatham counties. The court will review evidence of the abuse, neglect, or abandonment and make the specific findings required by federal law. This is a critical step — without the correct findings in the court order, USCIS will deny the SIJS petition.
Age Limits and Timing
SIJS petitions must be filed with USCIS before the young person turns 21. However, the NC family court has jurisdiction over SIJS-related proceedings for individuals up to age 18 (or up to 21 in some circumstances). Because the process takes time, it is important to begin as early as possible. If you are approaching the age limit, contact our office immediately to discuss your options.
SIJS and the Latino Community
SIJS was designed with immigrant youth in mind — many of whom come from Central America and Mexico and have experienced violence, abandonment, or neglect. Many of these young people are already living with relatives in the United States who are willing to serve as their legal guardians. The process can be emotionally difficult, as it requires documenting painful family circumstances. Our team approaches these cases with sensitivity and compassion, and we work to make the legal process as clear and manageable as possible for both the young person and their family. We also offer virtual consultations for families throughout North Carolina.
Frequently Asked Questions
What is the age limit for SIJS?
The SIJS petition must be filed with USCIS before the young person turns 21. The NC family court proceedings that produce the required court order must generally be initiated while the young person is under 18, though there are some exceptions. Because the process takes time, it is important to begin as early as possible.
Does SIJS require both parents to have been abusive or absent?
No. SIJS only requires that reunification with one parent is not viable due to abuse, neglect, or abandonment. The young person may still have a relationship with the other parent.
Can a young person apply for SIJS if they entered the US without authorization?
Yes. A young person's manner of entry into the United States does not disqualify them from SIJS. SIJS is specifically designed for undocumented youth who meet the eligibility criteria.
What happens after the NC court order is obtained?
After obtaining the court order with the required SIJS findings, the young person (or their attorney) files Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS. Once the I-360 is approved and a visa number is available, the young person can apply for a green card (adjustment of status).
How long does the SIJS process take?
The timeline varies. The NC family court proceedings typically take several months. USCIS processing times for the I-360 and adjustment of status vary based on current backlogs. We recommend starting the process as early as possible, especially if the young person is approaching the age limit.