Special Immigrant Juvenile Status

Special Immigrant Juvenile (SIJ) classification, also known as Special Immigrant Juvenile Status, allows certain young immigrants in vulnerable situations to qualify to obtain a Green Card. A state court order is required, followed by filing Form I-360 with USCIS.

• Before age 21: file Form I-360; the state court may have different age limits.
• Court order: it must address care or custody, the viability of reunification, and the young person’s best interests.
• After Form I-360: approval alone does not grant permanent residence or work authorization. EB-4 visa availability also matters for a Green Card.

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In California, some people ages 18 to 20 may still be able to obtain the required state court findings. If you are approaching an age limit or already have a court case, contact our Los Angeles immigration attorneys to review the order and filing timeline.

Who qualifies for Special Immigrant Juvenile Status in 2026?

To request SIJ classification, the young person must be in the United States, be unmarried, file Form I-360 before turning 21, and obtain an order from a U.S. court with jurisdiction over their care. Review the Special Immigrant Juvenile Status requirements when preparing the two stages. Anyone who wants to apply must:

• Live in the United States and be physically present here when filing Form I-360 and when USCIS decides the petition;
• Be unmarried when filing Form I-360 and when USCIS decides the petition. If the person was previously married, that marriage must have been legally annulled or terminated;
• Be under 21 years of age when filing the petition;
• Have a juvenile court order containing the required findings on custody or dependency, reunification with one or both parents, and best interests, as explained below; and
• Be eligible for USCIS consent: the order and its factual basis must show that the state court relief was sought to protect the young person from abuse, abandonment, neglect, or a similar basis under state law.

It is not necessary to prove mistreatment by both parents. The order and evidence must support the required findings. SIJ classification is not granted simply because the young person lives apart from one parent.

Hypothetical example: a young person lives with an aunt and still speaks with their father. That contact alone does not determine whether reunification is viable. At Lluis Law, we distinguish phone contact from actual caregiving: who cared for the young person, what happened with each parent, and what the court found. Before filing Form I-360, we compare those facts with the order and its basis under state law.

Can the process be started in California after turning 18?

Yes, in some cases. In California, a person who is 18 to 20 years old may request a new guardianship or an extension of an existing one in certain circumstances, according to the California Courts guide.

State court jurisdiction is analyzed separately from the federal requirement to file Form I-360 before turning 21. Turning 18 does not necessarily close every option, but it is important to review the deadlines for obtaining the order and filing the federal petition.

How can I obtain Special Immigrant Juvenile Status in the United States?

In general, you must follow these steps in the United States: obtain a state court order, file the federal petition, and wait for a decision. Permanent residence is a separate stage that depends on visa availability and the requirements for adjustment of status.

1. Obtain the required state court findings

Once you meet the eligibility requirements, you must obtain a juvenile court order establishing the following:

• You are dependent on the court or placed in the custody of a state agency, an individual, or an entity appointed by the court.
• Reunification with one or both parents is not viable because of abuse, abandonment, neglect, or a similar basis under state law.
• Returning to your country of origin or previous residence, whether yours or your parents’, would not be in your best interests.

Depending on the situation, the order may come from a dependency, guardianship, or custody proceeding. In our practice, an order that lists abuse or abandonment without explaining with which parent reunification is not viable can leave an important question unanswered. That is why, before filing Form I-360, we compare the order with the facts in the state court proceeding: who has custody or care, what legal basis applies, and what supports the finding about the young person’s best interests.

2. File Form I-360 with the relevant evidence

Once the young person has obtained the court order, they must complete and file Form I-360 with USCIS. At this stage, evidence of age and the court order must also be submitted. If represented by an attorney, Form G-28 is also filed.

Written consent from HHS is not required in every case. It applies when the young person is or was in HHS custody and, while in that custody, the court order changed their custody or placement. Since July 2025, there has been a $250 federal filing fee for an SIJ Form I-360. Check the current USCIS fee schedule before filing.

3. Wait for the decision on Form I-360

After you file Form I-360, USCIS will:

• Send you a Notice of Action showing the official filing date and your receipt number; and
• Contact you if additional evidence is needed to make a decision on your case.

Federal law establishes a general 180-day period for deciding a properly filed SIJ petition. That period applies to Form I-360, not to the entire path to a Green Card. You can check updates using the official case status tool with your receipt number. If you already have immigration court hearings, continue meeting your procedural obligations while the petition is pending.

What documents do I need to apply for Special Immigrant Juvenile Status?

Submit the relevant documentation with Form I-360:

• Signed Form I-360 and the current filing fee;
• Proof of age. This may include a passport, identity document, or another type of official documentation confirming your age;
• A valid juvenile court order containing the required findings and their factual basis; and
• HHS consent only if the specific custody and placement-change circumstances described above apply. If you have an attorney, include Form G-28.

If you submit documents in another language to USCIS, include a complete English translation and the translator’s certification that the translation is accurate and that the translator is competent to translate.

To request the state court order, prepare any available evidence explaining who cared for the young person and what happened with their parents. Depending on the record, useful evidence may include:

• Prior orders: custody or guardianship documents, if any.
• Account of the facts: statements from the young person or caregiver explaining the family situation.
• Dates and context: available information about care, support, and communication with the parents.

That evidence depends on the state court case and is not required as an attachment to every Form I-360 petition. For our evaluation, a short timeline is often more useful than an unorganized folder: where the young person lived, who met their needs, and what relationship they maintained with each parent. This helps us identify gaps that may need to be clarified in the state court proceeding.

How do I apply for permanent residence through Special Immigrant Juvenile Status?

Approval of Form I-360 recognizes SIJ classification within EB-4, but it does not grant permanent residence. If you are currently in the United States and an EB-4 immigrant visa is immediately available to you, you may file Form I-485:

• At the same time as Form I-360;
• While Form I-360 is pending; or
• After Form I-360 is approved.

Before filing Form I-485, also check:

• Availability: the wait depends on the priority date and the current Visa Bulletin. Also check which chart USCIS authorizes for filing Form I-485 that month.
• Review adjustment eligibility: adjustment requires additional documents and evidence. Certain grounds of inadmissibility and adjustment restrictions have special rules for SIJ applicants and must be reviewed case by case.

To learn the steps in that stage, read what happens after Form I-360 is approved. If your main concern is the wait, we separately explain how long permanent residence may take after Form I-360 approval. There is no single timeline covering the state court process, the petition, EB-4 availability, and adjustment of status.

How can I check my Special Immigrant Juvenile Status case?

Check your Form I-360 through the USCIS tool linked above using the receipt number on your Notice of Action. That search does not show whether an EB-4 visa is available. Review the Visa Bulletin and the adjustment-of-status filing chart authorized by USCIS for that month separately.

How long does the Special Immigrant Juvenile Status process take?

Wait times can vary. The 180 days refer to the general period for deciding a properly filed Form I-360. The state court process, EB-4 availability, and Form I-485 each have separate timelines. An approved petition does not establish a date for receiving a Green Card. To estimate the wait after approval, review the guide linked above.

Does SIJ approval allow you to work or prevent deportation?

Approval of Form I-360 by itself does not grant lawful immigration status, work authorization, or an automatic stay of deportation. Eligibility to request employment authorization depends on another basis:

• Pending Form I-485: if you were able to file for adjustment of status, that pending application may allow you to apply for work authorization.
• Granted deferred action: this may provide another basis for applying, but it is not permanent residence and is not granted automatically.
• Form I-360 filed on or after May 10, 2026: USCIS policy no longer provides for automatically considering deferred action upon approval when no visa is available for adjustment of status.
• Earlier Form I-360 or existing benefit: prior petitions remain under the 2022 policy. Someone who already has deferred action and employment authorization will generally retain them until they expire. A new request is evaluated individually. Review your notices before renewing.

Benefits and limitations you should know

• Path to permanent residence: SIJ classification may provide a basis for adjustment of status when a visa is available and the applicant meets the requirements. Approval of the petition does not guarantee a Green Card.
• Family members: a person who obtains permanent residence through SIJ cannot confer immigration benefits on their parents through that relationship, even on the parent who did not cause the harm and even after naturalization.
• Travel: SIJ classification is not a travel document. Leaving the United States before obtaining permanent residence can affect adjustment of status or your ability to return. Review the circumstances and possible documents in our guide to traveling outside the country with Special Immigrant Juvenile Status before making plans.

Important questions before filing your case

What should I do if I am about to turn 21?

USCIS must properly receive the Form I-360 petition before you turn 21. USCIS describes a procedure for requesting an appointment and filing in person during the two weeks before that birthday when delays make ordinary filing difficult. Review the current USCIS instructions and seek help immediately. The appointment does not replace the court order or fix an incomplete form.

Can I request SIJ if I already applied for asylum or I am in immigration court?

An asylum case does not by itself prevent someone from being evaluated for SIJ classification. Each form of relief has different requirements. If you are in removal proceedings, an SIJ petition also does not automatically cancel hearings or an existing order. The state court case, USCIS filing, and any proceedings before the immigration judge must be coordinated based on your situation.

If you have already received a Notice to Appear (NTA), gather that document, the date of your next hearing, and your USCIS notices before reviewing your strategy. Do not stop appearing in court because you filed Form I-360.

What are the risks of applying for Special Immigrant Juvenile Status?

A state court order does not guarantee approval of Form I-360, and the record may require disclosure of family and immigration facts. Before filing, review:

• Whether the order explains the facts and findings required by USCIS.
• Your background and any hearing or order in immigration court.
• The consequences of traveling or marrying during the process.

If you receive a denial, review the specific notice and any available remedies. Filing Form I-360 does not automatically protect you from removal.

Do I need an attorney to apply for SIJ classification?

An attorney is not required, but coordinating the state court order with the federal petition and a possible permanent residence application requires care. At Lluis Law, we can review the young person’s age and family situation, the California court’s jurisdiction, the available order, and the proper timing for each filing.

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If you are looking for personalized legal advice, you can schedule a consultation with the immigration attorneys at Lluis Law.