Special Immigrant Juvenile (SIJ) Status and Green Card

You may qualify if you:

1. Are under 21 when you file Form I-360, and unmarried.
2. Are physically in the US.
3. Have a state juvenile court order that:
   • declares you dependent on the court, or places you in the custody of a state agency or a person or entity the court appoints;
   • finds that reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar reason under state law; and
   • finds it is not in your best interest to return to your or your parents' home country.
4. Seek the court order mainly for protection from abuse, neglect, or abandonment, not only for immigration.
5. Get DHS consent, which USCIS gives by approving the I-360.

State law decides how old you can be for a juvenile court to act. Some states can issue orders up to 21, others only until 18. This can decide your case, so talk to a lawyer early.

If you are in removal proceedings, the immigration court case continues alongside and your lawyer may ask the court to pause or end it.

• A copy of the state court order with all the required findings, plus the facts the court relied on.
• Proof of your age, such as a birth certificate or passport.
• Any documents about a change in custody or guardianship.
• If the order was issued under a law that does not use the exact federal words, a lawyer's explanation of how it meets the SIJ rules.

USCIS may send a Request for Evidence if the order does not clearly show the factual basis for the findings. See RFEs and NOIDs.

If you were under 21 when USCIS received your I-360, USCIS cannot deny it because you later turned 21. This protection comes from a 2008 federal law. It does not stop the state court part of the case, however: you must get the court order while the court still has power over you under state law, which may end at 18. Marriage, not age, is the main event that ends eligibility after filing.

SIJ youth use EB-4 visa numbers, about 10,000 a year shared with religious workers and other special immigrants. Demand has been far higher than supply, so EB-4 has had a waiting line for all countries, and applicants born in Guatemala, Honduras, El Salvador, and Mexico have often faced the longest waits. Your priority date is the date USCIS receives your I-360. See EB-4, Visa Bulletin, and the Visa Bulletin tracker.

You can file Form I-485 only when your date is current. Until then, an approved I-360 alone does not give you lawful status or a work permit.

People who already have SIJ-based deferred action generally keep it, and the work permit tied to it, until it expires. Litigation may continue, so check with a lawyer for the current rules. See also work permits.

• You can apply for the green card even if you entered without inspection or worked without permission.
• The public charge ground does not apply to you.
• Several other grounds of inadmissibility do not apply, and many others can be waived.
• You do not need an Affidavit of Support.

An important limit

A person who gets a green card through SIJ can never sponsor or give immigration status to their natural or prior adoptive parents based on that relationship.

Nationals of the 39 travel ban countries have faced USCIS holds on pending applications. The May 2026 USCIS adjustment memo is aimed at people in temporary visa status, but officers still use discretion in green card cases. Public charge. A new public charge rule took effect on September 18, 2026. It replaces the 2022 rule with a broader "totality of the circumstances" test of whether you are likely to rely on government support. SIJ applicants are exempt from the public charge ground, so the rule does not apply to them directly.

SIJ cases need both a state court process and an immigration process, and deadlines tied to your age can be strict. Many nonprofits represent children for free, and some courts and child welfare agencies can refer you to them. Keep copies of every court and USCIS document, and tell your lawyer right away if you move, change guardians, or receive a notice from immigration court. Learn how to verify a lawyer or accredited representative. If you were a victim of trafficking or certain crimes, the T visa or U visa may also be options.