Special Immigrant Juveniles: Application Process, FAQs, and Qualifications
Unmarried young people under 21 who are living in the United States, and whom a state court has found cannot reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis, may qualify for Special Immigrant Juvenile Status (SIJS).
An SIJS case moves through three stages: an initial state court order with specific findings, a Form I-360 petition to USCIS, and an application for a green card once a visa number is available. In Illinois, state law allows courts to make these findings for youth ages 18 to 21, not only for minors. The petition must be filed before the young person’s 21st birthday.
Who Qualifies for Special Immigrant Juvenile Status
A petitioner must be unmarried, physically present in the United States, and under 21 when the petition is filed. A state court must also have entered an order, often called a predicate order, containing three findings:
Dependency or Custody
The young person has been declared dependent on the court, or placed in the custody of a state agency or of an individual or entity appointed by the court.
Reunification
Reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar basis under state law.
Best Interest
Returning to the country of nationality or last habitual residence is not in the young person’s best interest.
USCIS must also be satisfied that the request is bona fide, meaning the court findings were sought primarily to obtain relief from parental mistreatment rather than an immigration benefit. A child in the custody of the U.S. Department of Health and Human Services needs that department’s specific consent before asking a state court to change custody status or placement.
A young person who lives safely with one parent may still qualify if a court determines that their other parent abused, neglected, or abandoned them.
SIJS in Illinois
Several kinds of Illinois courts can enter SIJS findings, including juvenile court in dependency cases, probate court in guardianship cases, domestic relations court in cases allocating parental responsibilities, and courts issuing orders of protection. The order must cite the Illinois definition of abuse, neglect, or abandonment that applies.
18 to 21
Ages covered since 2021
Because the age of majority in Illinois is 18, youth between 18 and 21 were once unable to obtain these orders even though federal law allowed them to apply. Since 2021, Illinois law has allowed a young person ages 18 to 21 to consent to a guardianship by an adult over 21, or to extend an existing guardianship, so that the court can make SIJS findings. The evidence supporting those findings may consist solely of the young person’s own declaration.
The Three Stages of an SIJS Case
Stage 1: State Court Order
The state court case may already exist, such as a guardianship or custody case, or it may be filed for this purpose. Evidence commonly includes testimony from the young person or family members, affidavits, school and medical records, police reports, and social worker reports. The court decides the family-law questions; it does not decide immigration eligibility.
Stage 2: Form I-360 Petition
With the order in hand, the young person files Form I-360 with USCIS, along with the court order, proof of age, and any required consent from Health and Human Services. No filing fee applies. By statute, USCIS is required to decide SIJS petitions within 180 days of filing.
Stage 3: Green Card Application
SIJS falls under the EB-4 preference category, which has a limited number of visas each year. The I-360 filing date becomes the young person’s priority date, and their green card application (Form I-485 for adjustment of status) can be filed only when that date is current under the Visa Bulletin. For nationals of some countries, the wait has taken several years. When a visa is immediately available, the I-485 may be filed at the same time as the I-360.
Since April 1, 2024, SIJS-based green card applications and certain related forms have been fee-exempt. Several grounds of inadmissibility that block other applicants, such as the public charge ground and entry without inspection, do not apply to special immigrant juveniles, and others may be waived. Criminal history, however, can still prevent approval and should be reviewed with an attorney before filing.
Work Authorization and Recent Policy Changes
2022
Deferred action policy begins
June 6, 2025
USCIS rescinds the policy
November 19, 2025
Federal court stays the rescission
In 2022, USCIS began considering approved special immigrant juveniles for deferred action, a temporary protection from removal that also allowed them to apply for work authorization while waiting for a visa number. USCIS rescinded that policy on June 6, 2025. On November 19, 2025, a federal court in New York stayed the rescission, and whether a particular young person can obtain or renew deferred action now depends on when the petition was approved and on the ongoing litigation.
Once a green card application has been filed, the young person may apply for work authorization on that basis.
What SIJS Does Not Allow
No Petitions for Parents
A young person who obtains permanent residence through SIJS can never petition for either of their parents, even if one parent was not abusive, and even after becoming a U.S. citizen. Other relatives may be sponsored later on the same terms as for any permanent resident or citizen.
Marriage and Travel Before Approval
The young person must also remain unmarried until their green card is approved, and travel outside the United States before approval can end a pending application unless travel permission is obtained first.
How Scott D. Pollock & Associates, P.C. Assists With SIJS Cases
For over three decades, Scott D. Pollock & Associates, P.C. has represented immigrant families and young people in family-based and humanitarian cases. In SIJS matters, our firm’s attorneys coordinate the state court case and the federal petition so that the court order contains the findings USCIS requires, track the age deadlines that apply at each stage, and prepare the green card application once a visa is available.
Our firm is based in Chicago, serves clients nationwide, and offers consultations in English, Spanish, French, and Russian.
Frequently Asked Questions About Special Immigrant Juvenile Status
Can a child who lives with one parent qualify for SIJS?
Potentially, yes. The court must find that reunification with one or both parents is not viable, so a child living safely with one parent may qualify if the other parent abused, neglected, or abandoned the child.
What happens if the young person turns 21 while the petition is pending?
A petition filed before a person’s 21st birthday cannot be denied because the petitioner has since turned 21. The protection depends on the filing date, which is why the state court order must be obtained in time to file before that birthday.
What is an SL6 green card?
SL6 is the classification code that appears on green cards issued to special immigrant juveniles who adjusted status in the United States. The classification was created by the Immigration Act of 1990.
How long does the SIJS process take?
The state court stage depends on the type of case and the court’s schedule. USCIS is required by statute to decide the I-360 within 180 days, but the green card itself depends on the Visa Bulletin, and for some countries the wait for a visa number lasts several years.
Discuss Special Immigrant Juvenile Status With an Immigration Attorney
If you are caring for a child or young adult who may qualify, or if you are a young person under 21 considering SIJS, an attorney at Scott D. Pollock & Associates, P.C. can review your state court options and any deadlines that may apply to you. Call 312.444.1940 or fill out our online contact form to schedule a consultation.