Special Immigrant Juvenile Status (SIJS)
A critical legal humanitarian protection under INA § 203(b)(4) for immigrant youth under age 21 who have been abused, abandoned, or neglected by one or both parents.
1. Overview of the Process & Reasons to Pursue
Special Immigrant Juvenile Status (SIJS), authorized under Section 203(b)(4) of the Immigration and Nationality Act and 8 U.S.C. § 1101(a)(27)(J), is a unique dual-jurisdiction legal process designed to protect vulnerable, unmarried immigrant children under age 21. Before applying to USCIS, the juvenile must first obtain a 'Special Findings Order' from a State juvenile court (such as a New York State Family Court in Nassau, Suffolk, Queens, or Brooklyn). The state judge must formally find that the child cannot be reunified with one or both parents due to abuse, abandonment, neglect, or similar basis under state law, and that it is not in the child's best interest to return to their home country.
Why Someone Pursues This Process / How One Enters It
SIJS provides one of the most generous forms of relief in U.S. immigration law. It waives many common grounds of inadmissibility that would otherwise permanently bar an immigrant, including unlawful entry without inspection (EWI), visa overstays, unlawful employment, and public charge grounds. Once Form I-360 is approved, USCIS grants deferred action and employment authorization, leading directly to permanent residency (Green Card) when priority dates are current.
2. How Long the Process Usually Takes
State Family Court custody/guardianship proceedings take 3 to 6 months; USCIS Form I-360 is adjudicated within 180 days by statutory mandate; Form I-485 Green Card adjudication depends on Visa Bulletin EB-4 priority dates.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
State Court Guardianship / Custody Petition
Filed in State Family Court with Order to Show Cause and Motion for Special Findings
Form I-360
Petition for Amerasian, Widow(er), or Special Immigrant (filed with USCIS)
Form I-485
Application to Register Permanent Residence or Adjust Status (filed when EB-4 priority date is current)
Form I-765
Application for Employment Authorization (category (c)(14) based on deferred action or (c)(9) on adjustment)
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Certified State Family Court Special Findings Predicate Order containing specific judicial findings: (1) youth is under 21 and unmarried; (2) youth is declared dependent or placed in legal custody; (3) parental reunification is not viable due to abuse, abandonment, or neglect; and (4) return to home country is not in youth's best interest
- Youth's certified foreign birth certificate with certified English translation
- Proof of age establishing youth is under 21 years old at the time of Form I-360 filing
- Affidavits from the proposed guardian, family members, or school counselors detailing parental abandonment or abuse
- Proof of lack of criminal juvenile record or certified dispositions
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Aging Out (Turning 21): In New York, state family court jurisdiction over custody/guardianship generally terminates at age 21 (or age 18 in certain other states); both the state court order and Form I-360 must be completed before age 21.
- Marriage Prior to Green Card: Marrying at any time before obtaining the green card revokes SIJS eligibility.
- Defective State Court Order: If the state court order lacks explicit statutory findings or does not demonstrate an adequate factual basis under state law.
- Permanent Prohibition on Sponsoring Parents: By federal statute (INA § 101(a)(27)(J)(iii)(II)), an individual who obtains permanent residence through SIJS can NEVER sponsor either biological or adoptive parent for immigration benefits.
- Serious Inadmissibility Grounds: Convictions for controlled substance offenses, violent gang crimes, or security grounds.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- State Court Grants Special Findings: Certified predicate order issued.
- USCIS Approves Form I-360: Youth receives Special Immigrant Juvenile classification and 4-year deferred action with EAD eligibility.
- Green Card Approved: Upon priority date availability, permanent resident status is granted.
- USCIS Denial / NOID: Issued if USCIS questions whether the state court order was sought primarily for immigration purposes.
8. What Can Be Done If Your Outcome Is Negative?
If the State Family Court denies the motion for special findings, counsel can appeal to the Appellate Division of the New York State Supreme Court. If USCIS issues an RFE or NOID on Form I-360, submit a comprehensive legal brief citing federal guidance (*Perez v. Cuccinelli*) restricting USCIS from second-guessing state court evidentiary determinations. If denied by USCIS, appeal to the AAO on Form I-290B within 30 days.
9. Range of Legal Fees Charged by Lawyers
$4,500 to $8,500 typical attorney fee covering both the State Family Court litigation and the USCIS I-360/adjustment filings.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.