Prima.Law

Special Immigrant Juvenile Status (SIJS) Petitions

SIJ classification helps children under 21 who have a qualifying state juvenile court order. Prima.Law tracks the court findings, Form I-360 and the later Form I-485 in one case.

Who Qualifies

An unmarried child living in the U.S., under 21 when Form I-360 is filed, with a valid state juvenile court order containing the required findings.

Court Findings

Dependency or custody, no reunification with one or both parents due to abuse, abandonment, neglect or similar basis, and return not in best interests.

Key Forms

Form I-360 for SIJ classification, Form I-485 when a visa is available, and Form G-28 for the attorney. Written HHS/ORR consent if required.

Age Deadline

File Form I-360 before the 21st birthday. USCIS allows a request to file in person at a field office in the 2 weeks before turning 21.

General Qualifications for SIJ Classification

Special Immigrant Juvenile classification helps children living in the U.S. who were abused, abandoned or neglected by a parent. The child first needs a state juvenile court order with specific findings, then files Form I-360 with USCIS before turning 21. When a visa is immediately available, the child may file Form I-485 to become a permanent resident.

USCIS will not require the child to contact the person who abused, abandoned or neglected them, or that person's family, to apply. USCIS must also consent to the classification, meaning the court order was sought to obtain relief from abuse, neglect, abandonment or a similar basis, not primarily to get an immigration benefit.

USCIS rescinded its 2022 SIJ deferred action policy effective May 10, 2026. For Forms I-360 filed on or after that date, USCIS no longer automatically considers deferred action for beneficiaries who cannot adjust only because no visa is immediately available.

Clients This Case Type Helps

  • Children under 21 abused, abandoned or neglected by a parent
  • Youth in state dependency or foster care proceedings
  • Children placed in guardianship or custody by a state court
  • Children released from federal custody to a sponsor
  • SIJ beneficiaries waiting for a visa to adjust status

General Qualifications

  • Under 21 years of age when Form I-360 is filed.
  • Unmarried, including a prior marriage that ended by annulment, divorce or death.
  • Currently living in the United States; SIJ classification cannot be requested from abroad.
  • State juvenile court order finding the child dependent on the court or in the custody of a state agency or department, or a person or entity the court appointed.
  • Court finding that the child cannot be reunified with one or both parents due to abuse, abandonment, neglect or a similar basis under state law.
  • Finding that it is not in the child's best interests to return to the country of nationality or last habitual residence.
  • USCIS consent: the court order was sought to obtain relief from abuse, neglect, abandonment or a similar basis, not primarily for an immigration benefit.

Consultation Screening Questions

  1. What is the child's date of birth, and how much time is left before the 21st birthday?
  2. Has the child ever married?
  3. Is there an open dependency, custody, guardianship or delinquency case in state court?
  4. Which parent abused, abandoned or neglected the child, and what happened?
  5. Was the child ever in HHS/ORR custody, and is that custody ongoing?
  6. Where does the child live now, and is it safe to call, text or mail them there?
  7. Has the child had any arrests, juvenile adjudications or prior immigration filings?
  8. Is the child in removal proceedings or subject to a prior removal order?

General information based on USCIS and other government guidance. Eligibility depends on each client’s facts; this is not legal advice.

Common Pain Points in SIJS Cases

The 21st Birthday Leaves No Margin

Form I-360 must be filed before the child turns 21, and the state court order must come first, so late intake can sink the case.

How Prima.Law helps: The SIJS checklist, created and maintained by active immigration lawyers, lists the court order, findings evidence, age proof and translations. Clients upload in the portal and staff mark items complete.

Children in Unsafe Households

A child may live near the parent who abused, abandoned or neglected them, so a call or letter to the wrong place can put the child at risk.

How Prima.Law helps: An Important Notice at Danger level puts safe contact rules, such as do not call the home number, at the top of the contact and every case, visible to the whole team.

Too Many Voices Around One Child

Messages come from the child, caregivers, guardians and family court counsel, and key details get lost in personal phones and inboxes.

How Prima.Law helps: Text from the firm's Twilio number and log Gmail or Outlook email to the contact and case. The portal is tied to the client's own email, cases are shared one at a time, and data is AES-256 encrypted.

How Prima.Law Helps With SIJS Cases

SIJS Template

Opening an SIJS case adds Form I-360, case flow items and a checklist for the court order, age evidence and translations, built by active immigration lawyers.

Two-Stage Workflow

Keep the I-360 and the later I-485 in one case, and use priority date tracking to watch visa availability before filing to adjust status.

Court Order Evidence

Portal uploads land straight on the checklist, so the juvenile court order, supporting findings and birth certificate are in place before filing.

Paper Package Assembly

Form I-360 for SIJ is filed on paper, so build one indexed, paginated PDF with exhibit sheets, a table of contents and an A-Number footer.

Typical Forms and Evidence

How an SIJS Case Works

From juvenile court to permanent residence

01

Obtain Court Order

A state juvenile court issues an order with the dependency, reunification and best-interest findings.

02

File Form I-360

Submit Form I-360 with the court order and evidence of age before the child turns 21.

03

USCIS Decision

USCIS reviews the petition, including whether the child is eligible for USCIS consent.

04

Adjust Status

When a visa is immediately available, file Form I-485; permanent residence starts when USCIS approves it.

Related Case Types

Affirmative Asylum

Form I-589 asylum applications filed with USCIS, from intake to interview

VAWA Self-Petitions

VAWA self-petitions on Form I-360 for abused spouses, children and parents

DACA Requests

DACA renewals and requests on Forms I-821D, I-765 and I-765WS

Humanitarian

All humanitarian case types in Prima.Law.

Ready to See It in Action?

Book a demo and see how Prima.Law handles SIJS Petitions cases.

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