Special Immigrant Juvenile Status: Protection for Vulnerable Children

Special Immigrant Juvenile Status (SIJS) is a path to a green card for young people in the United States who were abused, neglected or abandoned by a parent. It is for a child or young adult who is under 21 and unmarried, and it starts in a state court, not with an immigration office. In 2026 the green card path is the same, but USCIS stopped automatically considering SIJ youth for deferred action while they wait for a visa, for petitions filed on or after May 10, 2026. This guide explains who qualifies, how the process works and what changed.

This is general information, not legal advice. Whether SIJS fits a particular child depends on the facts, the child's age and the law of the state where the child lives.

Who can qualify for Special Immigrant Juvenile Status?

The category is defined in 8 U.S.C. § 1101(a)(27)(J) (opens in new tab) (INA 101(a)(27)(J)) and in the regulation at 8 CFR 204.11 (opens in new tab), which DHS rewrote in its 2022 final rule, Special Immigrant Juvenile Petitions (opens in new tab) (87 FR 13066, in effect since April 7, 2022). According to the USCIS Special Immigrant Juveniles page (opens in new tab), the young person must:

• Be under 21 when the petition is filed.
• Be unmarried, both when the petition is filed and when USCIS decides it. A person whose marriage ended in divorce, annulment or death counts as unmarried.
• Live in the United States.
• Have a valid state juvenile court order with the findings described below.
• Be eligible for DHS consent, which is explained below.

What must the state juvenile court order say?

A "juvenile court" is any U.S. court with power under state law over the dependency or custody of juveniles; its name varies by state. Under 8 CFR 204.11(c) (opens in new tab), the order (or orders) must contain three determinations made under state law:

1. Dependency or custody. The court declared the child dependent on the court, or placed the child in the custody of a state agency or of a person or entity the court appointed (for example, a guardian).
2. Reunification is not viable. The court found that the child cannot reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis under state law. The court does not have to terminate parental rights to make this finding.
3. Best interest. A court or agency found that it is not in the child's best interest to return to the child's or the parents' country of nationality or last habitual residence.

USCIS also requires evidence of the factual basis for each finding and of the relief the court gave the child from the abuse, neglect or abandonment, such as a custody placement. An order that only repeats the legal words, without the facts behind them, may not be enough.

One practical point: the federal age limit is 21, but USCIS notes (opens in new tab) that some state juvenile courts can only act for a child under 18. Whether a court can still make the findings for an 18-, 19- or 20-year-old depends on state law, and that is often what decides whether there is still time.

DHS consent. The statute also requires DHS to consent. Under the 2022 rule, USCIS consents when the request is bona fide: a primary reason for seeking the court findings was relief from parental abuse, neglect or abandonment, not only an immigration benefit. Approval of the petition is the consent. A child who is in the custody of the Department of Health and Human Services, and whose court order changes that custody or placement, must also get specific HHS consent first.

How do you file? Form I-360 and the fee

The petition is Form I-360 (opens in new tab), Petition for Amerasian, Widow(er), or Special Immigrant, filed with proof of age and the juvenile court order(s). It must be filed before the 21st birthday. When court or mailing delays leave little time, USCIS will let a petitioner file in person at a field office within the two weeks before turning 21, by appointment through the USCIS Contact Center.

The USCIS fee schedule (Form G-1055) (opens in new tab), edition 10/01/26, lists $0 for the I-360 itself when filing as a Special Immigrant Juvenile, plus an additional $250 fee required by Pub. L. 119-21 (the 2025 budget law often called H.R. 1). The fiscal year 2027 inflation increases that take effect October 16, 2026 do not list this fee (opens in new tab). Fees change often, so check the fee schedule on the day you file.

USCIS generally decides SIJ petitions within 180 days. It will not require the young person to contact the parent who caused the harm.

Is a child protected from "aging out"?

Yes. The only age test is being under 21 at filing. The USCIS green card page for SIJs (opens in new tab) states that if the I-360 was properly filed before 21, USCIS will not deny the green card application because of the person's current age.

The court order must generally stay in effect until USCIS decides, unless the court's jurisdiction ended only because of adoption, permanent guardianship or age. And an approval is revoked automatically if a juvenile court later reunifies the child with that parent, or a court decides the child should return to the home country.

When can an SIJ youth apply for a green card?

An approved I-360 is not a green card. Permanent residence comes through adjustment of status on Form I-485, and only when an immigrant visa is available. SIJ visas come from the employment-based fourth preference (EB-4), which is numerically limited. When demand exceeds supply, the State Department's Visa Bulletin (opens in new tab) sets cutoff dates, and USCIS explains which chart to use on its visa availability page (opens in new tab). If a visa is available, the I-360 and I-485 can be filed together. If not, the young person files the I-360 and waits. Our guide to Form I-485 and adjustment of status explains the application itself.

SIJS has advantages here. Under INA 245(h) (opens in new tab), an SIJ is treated as paroled for adjustment, however the child entered. Several grounds of inadmissibility do not apply, including public charge, entry without inspection, misrepresentation, missing documents and unlawful presence. Many others can be waived for humanitarian purposes, family unity or the public interest, but the serious criminal, drug-trafficking and security grounds cannot. According to the USCIS Policy Manual (opens in new tab), SIJs are exempt from all bars to adjustment except the terrorism-related bar. Juvenile delinquency findings are not convictions, but USCIS can weigh the conduct, and every arrest must be disclosed.

For help with the green card stage, see our green card lawyer page.

What a green card through SIJS cannot do

Two limits matter:

• No derivatives. No one can be included on an SIJ case as a family member. After becoming a permanent resident, the young person can petition for qualifying relatives through the normal family categories.
• Never for the parents. Under the statute and 8 CFR 204.11(i) (opens in new tab), a natural or prior adoptive parent can never get any immigration benefit through the SIJ child, even after the child becomes a U.S. citizen. This includes a non-abusive parent.

What happened to SIJ deferred action in 2025 and 2026?

Deferred action is a temporary decision not to pursue removal, and it can come with a work permit. The history, as summarized on the USCIS SIJ page (opens in new tab), is:

• March 7, 2022: USCIS began considering deferred action for SIJ youth who could not apply for a green card only because no visa was available.
• June 6, 2025: USCIS rescinded that policy.
• November 19, 2025: In A.C.R. v. Noem, No. 1:25-cv-03962 (E.D.N.Y.), a federal court stayed the June 2025 rescission, and USCIS resumed automatic consideration.
• April 10, 2026: USCIS announced a new rescission of the 2022 policy, effective May 10, 2026. For SIJ petitions filed on or after that date, USCIS no longer automatically decides deferred action for youth waiting for a visa.

People who already have SIJ-based deferred action generally keep it, and the related work permit, until it expires, though USCIS says it may end a grant early. Renewal requests on Form G-325A filed before May 10, 2026 were to be considered under the 2022 policy. The lawsuit has not ended: the court docket (opens in new tab) shows the case was put on hold in July 2026 while an appeal is pending in the Second Circuit. Check the USCIS page for any change.

The practical effect is that a young person with an approved petition but no available visa may have no deferred action and no work permit until a visa becomes available.

What if the child is already in immigration court?

Only USCIS can grant SIJ classification; the immigration judge cannot. USCIS generally cannot decide the green card application of someone in removal proceedings, unless the person is an arriving alien, until those proceedings end.

While the I-360 is pending, the child or the child's lawyer can ask the judge to:

• Continue the case for "good cause" under 8 CFR 1003.29 (opens in new tab);
• Administratively close it, taking it off the active calendar, under 8 CFR 1003.18(c) (opens in new tab); or
• Terminate it under 8 CFR 1003.18(d), which allows discretionary termination when a person is prima facie eligible for relief or status, USCIS has jurisdiction over it, and the petition has been filed with USCIS.

Each is up to the judge, and DHS can oppose. Missing a hearing can lead to a removal order in absentia, so a child must keep attending court while the SIJ case moves forward. If the child is in proceedings, our deportation defense lawyer page explains how we handle court cases.

Other protections for children who were abused or were crime victims

SIJS is not the only option:

• A child abused by a U.S. citizen or permanent resident parent may be able to self-petition under VAWA on the same Form I-360, without the parent's knowledge. See our VAWA self-petition guide.
• A child who was the victim of certain crimes and helps, or is likely to help, law enforcement may qualify for a U visa for crime victims.
• A child who was trafficked may qualify for a T visa for trafficking victims.

Our U visa and VAWA lawyer page explains how we handle those cases.

Talk to a lawyer about a child's situation

The deadlines in an SIJ case run on two clocks: the state court's age limits and the federal 21st-birthday filing rule. Carlos Maury Law is a national firm led by a former U.S. Immigration Judge. To talk about a child's situation, call (213) 769-0050. We speak Spanish.

Frequently asked questions

What is Special Immigrant Juvenile Status?

It is an immigration classification under 8 U.S.C. § 1101(a)(27)(J) for unmarried people under 21 whom a state juvenile court found cannot reunify with a parent because of abuse, neglect or abandonment, and should not be returned to their home country. It can lead to a green card.

How much does it cost to file Form I-360 for SIJS?

The USCIS fee schedule (edition 10/01/26) lists $0 for the I-360 as a Special Immigrant Juvenile, plus an additional $250 fee required by Pub. L. 119-21. Fees change, so confirm on uscis.gov/g-1055 before filing.

Does a child lose SIJS by turning 21?

No, if the I-360 was properly filed before the 21st birthday. USCIS will not deny the petition or the later green card application because the person is now older. But some state courts can only issue the order before 18, so waiting can still close the door.

Can an SIJ youth get a work permit?

Once an I-485 is pending, the young person can apply for a work permit. Before that, the 2022 deferred action policy that came with work permits was rescinded effective May 10, 2026, for petitions filed on or after that date. Existing grants generally last until they expire.

This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific; consult a qualified immigration attorney about your situation. Prior results do not guarantee a similar outcome. Attorney advertising.

Related service: SIJS lawyer