Special Immigrant Juvenile Status (SIJS)
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Key Forms & Process
The SIJS process has two mandatory steps. Step 1 (State Court): A juvenile court (family court, probate court, or dependency court) must issue a predicate order with specific factual findings of abuse, abandonment, or neglect. This is not an immigration form – it requires a state court petition and hearing. Step 2 (Federal Immigration): Once the juvenile court order is obtained, we file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS, along with the certified juvenile court order, proof of the child’s age (under 21), and evidence that the child is physically present in the U.S. After USCIS approves the I-360, the child can file Form I-485 (Adjustment of Status) for a green card – unless the child is in foster care, in which case they may file I-485 simultaneously. There is no fee for the I-360 under SIJS.
What We Handle at ZubaidaLaw
Our legal advocates manage both the state court and federal components: identifying whether the child qualifies under state law (abuse, abandonment, neglect), drafting the juvenile court petition with the required factual findings, coordinating with state court judges and guardians ad litem, obtaining the certified juvenile court order, filing Form I-360 with USCIS, notarizing all supporting affidavits (social workers, teachers, foster parents, counselors), and filing Form I-485 for the green card. We also handle derivatives (the child’s own minor children, if any) and renewing work authorization while the case is pending. Importantly, SIJS requires a guardian ad litem or state agency representative to sign the I-360 on behalf of the child if the child is under 18.
Call us at 865-382-2900 if you are a child (under 21) in state custody, foster care, or a juvenile court proceeding – or if you are a social worker, guardian, or foster parent advocating for a child.
It's a form of humanitarian immigration relief for children under 21 who have been abused, abandoned, or neglected by one or both parents. It allows the child to self-petition for a green card without parental involvement.
To qualify, ALL of the following must be true:
Child is under 21 years old
Child is unmarried
A state juvenile court has issued an order finding:
Child is dependent on the court or in state custody
Reunification with one or both parents is not viable due to abuse, abandonment, neglect, or similar state law basis
It is not in the child's best interest to return to their home country
| Term | Definition |
|---|---|
| Abuse | Physical, sexual, or emotional harm by a parent |
| Abandonment | Parent has physically or emotionally deserted the child (no contact, no support, unknown location) |
| Neglect | Parent fails to provide basic needs (food, shelter, medical care, supervision, education) |
Yes. Absolutely. You cannot file Form I-360 without a certified juvenile court order containing the specific factual findings listed above. The state court order is the foundation of the entire SIJS case.
It's the juvenile court order that makes the factual findings required for SIJS. Common courts include: family court, probate court, dependency court, or surrogate court. We help you obtain this order.
Yes. Once you file Form I-360 (and I-485 if eligible), you can file Form I-765 (Application for Employment Authorization). SIJS applicants receive work permits while their case is pending.
No fee for Form I-360 under SIJS. However, there may be fees for:
Form I-485 (green card) – fee or fee waiver available
Form I-765 (work permit) – fee or fee waiver available
State court filing fees (varies by state)
We help apply for fee waivers when the child cannot pay.
Yes. The path is:
Step 1: Obtain juvenile court order
Step 2: File I-360 (SIJS approval)
Step 3: File I-485 (green card)
Step 4: After 5 years as a green card holder (or 3 years if child becomes a citizen through naturalization of adoptive parent), apply for citizenship (Form N-400)
Your age is "locked in" on the date you filed Form I-360 (if you filed before turning 21). Even if USCIS takes years to approve your case, you still qualify as a "child" under SIJS. This is called age-out protection.
Yes. We provide full notarization services for sworn affidavits from guardians ad litem, social workers, CASA volunteers, foster parents, teachers, counselors, and medical professionals who can confirm the child's abuse, abandonment, or neglect. We also certify translations of foreign documents (birth certificates, medical records, etc.).
