Who Qualifies for Special Immigrant Juvenile Status?

A non-citizen under the age of 21 may qualify for Special Immigrant Juvenile (SIJ) status with the assistance of a Boston immigration attorney. The law establishing Special Immigrant Juvenile status was ratified by Congress in 1990 and reauthorized in 2008.

In the last decade, an estimated 700,000 children, some as young as six or seven years old, have made the demanding journey across the U.S. border. Children fleeing their home countries are often driven by crushing poverty, violence, and the failure of their governments to protect them.

If you’re the sponsor, relative, or guardian of a foreign-born child who suffered abandonment, abuse, or neglect in the child’s home country, arrange immediately to consult a Boston immigration lawyer about the child’s eligibility for Special Immigrant Juvenile status.

What is the Advantage of SIJ Status?

Children who enter the U.S. without a parent are placed in the care of the Unaccompanied Children Program of the U.S. Department of Health and Human Services (HHS).

Special Immigrant Juvenile status helps young people in the United States who were abandoned, abused, or neglected. It allows a youth to obtain a green card and offers a path to permanency and stability in the United States.

Special Immigrant Juvenile status can also waive specific immigration violations that would otherwise prevent a young person from obtaining a green card, such as unauthorized employment or unlawful entry.

What Challenges Will You Face Seeking SIJ Status?

Obtaining Special Immigrant Juvenile status for a minor is a challenging process. It involves both state courts and federal immigration authorities.

A child in the Department of Health and Human Services’ Unaccompanied Children Program must obtain HHS permission to be placed with a state or private agency or a private individual before the SIJ application process can begin. Once the child is with a state or private agency or a private individual, a state court must determine that:

1. It is not in the child’s best interests to return to the home country.
2. The child cannot return to a parent due to abuse, neglect, or abandonment.

Proving the facts for these court findings may not be easy. Applicants may lack formal documentation (such as medical or police reports) to prove abuse, neglect, or abandonment, particularly if the events occurred in another nation or long ago.

What Other Challenges May You Encounter?

Another challenge is locating and serving legal notice to parents, especially parents who are in another nation or unwilling to participate due to their own immigration status or their role in the child’s abuse or abandonment.

After obtaining a favorable state court order, the federal aspect of the process has its own obstacles. For youths from some countries, there is a considerable EB-4 visa backlog. After an SIJ petition is approved, the applicant may have to wait years until an EB-4 visa is available.

These challenges highlight the critical importance of having the right Boston immigration attorney guide an SIJ applicant through the process from the beginning. Your lawyer should have substantial experience with state family and juvenile law as well as federal immigration law.

What’s the Next Step?

With an immigration attorney’s help, you must submit a special immigrant petition (Form I-360) to USCIS (U.S. Citizenship and Immigration Services). On the submission date, the applicant must be physically present in the United States and under the age of 21.

The state court order must be in effect on the filing date unless the applicant has aged out of that court’s jurisdiction. Additionally, the applicant cannot be married when the application is submitted or when USCIS makes its determination regarding the applicant’s status.

Special Immigrant Juvenile status not only benefits the child who receives it; it also facilitates family reunification. Children granted SIJ status who later obtain a green card may petition for other family members to join them in the United States through family-based immigration.

What if USCIS Denies SIJ Status?

There is no guarantee of USCIS approval. A denial must be in writing, accompanied by the reasons for the decision. USCIS must also notify the attorney and the applicant of the right to appeal the decision.

A denial of Special Immigrant Juvenile status may also result in a notice to appear in immigration court for a removal proceeding. It’s important to remember that the rejection of an I‑360 form may be a mistake. Denials of SIJ status are frequently overturned on appeal.

How Do Recent Policy Changes Affect SIJ Status?

Until June 2025, USCIS granted deferred action to SIJ status recipients who were in a backlog for an available EB-4 visa. Deferred action included the ability to apply for work authorization, allowing applicants to work lawfully in the United States.

Deferred action also served as temporary protection until applicants could adjust their status to become lawful permanent residents. On June 6, 2025, USCIS announced it will no longer automatically consider SIJ status recipients for deferred action.

Those approved for deferred action will keep it until it expires, but will not be able to renew it. SIJ status recipients approved after June 6, 2025, will not be considered for deferred action. If these changes affect you, learn how an immigration attorney at Toland Law can help.

Trust Toland Law With Your Immigration Concerns

U.S. immigration laws and policies are exceedingly complicated and constantly changing. If you are a minor seeking SIJ status, or if you are the sponsor or guardian of a child who should have SIJ status, a Boston immigration lawyer at Toland Law can provide personalized advice.

We will help you (or the minor you are sponsoring or caring for) prove to the immigration authorities that you qualify for SIJ status. If your eventual goal is naturalized U.S. citizenship, Toland Law will help you through each step of the process.

We are here to serve you. To learn more about our legal services or to apply for Special Immigrant Juvenile status, call now to schedule a consultation with the team at Toland Law. From wherever you may be, you can reach our Boston law offices at 857-347-3701.