Special Immigrant Juvenile Status
SIJS Lawyer — a Former Immigration Judge for Special Immigrant Juveniles
Special Immigrant Juvenile Status (SIJS) protects young people who were abused, neglected or abandoned by a parent. A state court decides the youth's custody and safety; U.S. Citizenship and Immigration Services (USCIS) then decides whether the youth may be classified as a special immigrant juvenile, which can lead to a green card. The deadline is the youth's 21st birthday. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, handles SIJS petitions at USCIS, the green card that follows, and SIJS cases in immigration court, in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
Many young people who qualify for SIJS are already in removal proceedings, often after arriving alone. Their immigration and state-court cases move at different speeds, and the immigration judge decides whether to continue the case, terminate it or let it go forward, while a Department of Homeland Security (DHS) attorney may oppose.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that reviews the government's file and takes a position on relief.
That experience shapes how we prepare an SIJS case: we time each filing to the youth's age and the state-court calendar, and look at the whole history, including other relief, before choosing the route. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We practice federal immigration law only. The state-court order that SIJS requires is obtained in a state court, with a lawyer licensed in that state where one is needed; we coordinate with that counsel so the order contains what federal law asks for.
- Screening and coordination. Whether SIJS may fit, the time left before age 21, and the findings USCIS looks for.
- The SIJS petition. Form I-360 at USCIS, with the order, proof of age and any consent needed from the Department of Health and Human Services (HHS).
- The green card. Form I-485 once a visa is available. See our green card lawyer page and the adjustment of status guide.
- Immigration court. Continuances, termination and adjustment before the judge. See our deportation defense lawyer page.
- Denials and appeals. Requests for evidence, denials and revocation notices. See our immigration appeals lawyer page.
Who qualifies for SIJS
The classification is defined in INA § 101(a)(27)(J) (opens in new tab) and the regulation at 8 C.F.R. § 204.11 (opens in new tab), as revised in 2022. Under 8 C.F.R. § 204.11(b), the young person must:
- Be under 21 when the petition is properly filed.
- Be unmarried when the petition is filed and when USCIS decides it.
- Be physically present in the United States.
- Have a qualifying juvenile court order with the findings described below.
- Obtain the consent of DHS, given through USCIS's approval of the petition.
Protection against aging out
If the youth was under 21 when the I-360 was properly filed and meets the other requirements, USCIS cannot deny the petition only because the youth is over 21 when it decides (8 C.F.R. § 204.11(b)(1) and the USCIS Policy Manual, Volume 6, Part J, Chapter 2 (opens in new tab)). A youth close to 21 cannot wait: the state-court order must come in time for the petition to reach USCIS before the birthday.
Who counts as a child depends on state law
The federal limit is 21, but whether a state court can still act for a person of 18, 19 or 20 depends on that state's law, and in some states it may not. State-court counsel should check early.
The state juvenile court order
A "juvenile court" is a court in the United States with jurisdiction under state law to make decisions about the dependency or the custody and care of juveniles (8 C.F.R. § 204.11(a)). The name varies by state; the USCIS Policy Manual gives examples such as juvenile, family, dependency, guardianship and probate courts.
The order, or orders, must contain three things (8 C.F.R. § 204.11(c)):
- Dependency or custody. The court declared the youth dependent on the court, or placed the youth in the custody of a state agency or of a person or entity the court appointed, such as a guardian or a parent who did not cause the harm.
- Reunification is not viable. The court found that reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under state law. Parental rights need not be terminated.
- Return is not in the youth's interest. A court or agency found, applying the state's best-interest standard, that it would not be in the youth's interest to be returned to the youth's or the parent's country of nationality or last habitual residence.
The order generally must remain in effect while USCIS decides the petition, unless the court's case closed because of an adoption, a permanent guardianship or the youth's age.
What USCIS looks for in the order
USCIS relies on the state court's child-welfare decisions, but to give consent it needs to see the factual basis for each finding and the protection the court ordered or recognized, such as a custody placement or child-welfare services (8 C.F.R. § 204.11(d)(5)). An order that only repeats the legal words can lead to a request for evidence or a denial.
Form I-360 and DHS consent
The petition is Form I-360 (opens in new tab), Petition for Amerasian, Widow(er), or Special Immigrant, filed with USCIS. It is filed with the court order and evidence of age.
The statute requires the consent of the Secretary of Homeland Security, and USCIS gives it by approving the petition. Under 8 C.F.R. § 204.11(b)(5), the request must be bona fide: a primary reason for seeking the state-court findings must have been to obtain relief from parental abuse, neglect, abandonment or a similar basis under state law.
Children in federal custody
Children who arrive alone are often placed with the HHS Office of Refugee Resettlement. No juvenile court may decide the custody status or placement of a child in HHS custody unless HHS specifically consents to that jurisdiction (INA § 101(a)(27)(J)(iii)(I)). If an order changed the custody or placement of a youth in HHS custody, the I-360 must include proof of that consent (8 C.F.R. § 204.11(d)(6)).
No contact with the abuser and a child-friendly interview
USCIS will take no action that requires the youth to contact the person who allegedly abused, neglected or abandoned them, or that person's family (8 C.F.R. § 204.11(e)). USCIS interviews youths generally only when needed, and officers avoid asking about the details of the abuse, neglect or abandonment. The youth may bring a trusted adult in addition to a lawyer (8 C.F.R. § 204.11(f) and Volume 6, Part J, Chapter 4 (opens in new tab)).
From SIJS to a green card
An approved I-360 is not a green card. The youth then files Form I-485 with USCIS, or with the immigration judge in removal proceedings. See the USCIS page on the green card based on special immigrant juvenile classification (opens in new tab) and the USCIS Policy Manual, Volume 7, Part F, Chapter 7 (opens in new tab).
- Deemed paroled. A special immigrant juvenile is treated as paroled for adjustment, however the youth entered (INA § 245(h) (opens in new tab)).
- Most bars do not apply. According to USCIS, a special immigrant juvenile is exempt from all bars to adjustment except the terrorism-related bar in INA § 245(c)(6).
- No age limit for the green card if the I-360 was filed before age 21.
- Filing together. If a visa is available, the I-485 can be filed with the I-360.
Inadmissibility grounds and waivers
Under INA § 245(h), several grounds of inadmissibility do not apply: public charge, labor certification, entry without admission or parole, misrepresentation, stowaways, immigrant documentation requirements and the unlawful-presence bars. The Attorney General may waive most other grounds for humanitarian purposes, family unity or the public interest, but this waiver cannot be used for the grounds covering crimes involving moral turpitude and controlled-substance violations, multiple convictions or drug trafficking (with a narrow exception for a single offense of simple possession of 30 grams or less of marijuana), or most security grounds. Arrests, juvenile records and gang allegations need careful review first. Our waiver page explains the I-601 and I-212.
The visa backlog and the Visa Bulletin
SIJS green cards come from the employment-based fourth preference (EB-4) category for special immigrants. When demand exceeds supply, the youth cannot file or complete the I-485 until the priority date, generally the date the I-360 was filed, is current in the State Department's Visa Bulletin (opens in new tab). Cutoff dates can differ by country of birth and can move back as well as forward, so an approved youth may wait years.
From 2022, USCIS considered deferred action and work permits for approved youths waiting only for a visa. A policy alert of June 6, 2025 ended that. The Policy Manual now says deferred action already granted stays valid for its authorized period unless USCIS terminates it, and USCIS will not consider renewals. A youth waiting for a visa should not assume a work permit will follow the approval.
SIJS for children in removal proceedings
A youth in immigration court can pursue SIJS at the same time, but the court case does not stop on its own. The immigration judge may be asked to continue the case for good cause (8 C.F.R. § 1003.29 (opens in new tab)) while USCIS decides the I-360, or in some cases to terminate it. Whether to grant those requests is the judge's decision, and DHS may oppose them. Missing a hearing can lead to a removal order.
Once the I-360 is approved and a visa is available, there are two ways to the green card. Either the court first terminates the case so that USCIS can decide the I-485, or the youth asks the immigration judge to grant adjustment based on the approved petition. Information on the courts is on the Executive Office for Immigration Review (opens in new tab) website, and our removal defense guide explains the court process.
Other relief to keep in view
A child who fears returning home may also qualify for asylum; an unaccompanied child may file it with USCIS even while in court. See our asylum lawyer page and the asylum guide. A youth who was the victim of a crime in the United States, or abused by a citizen or resident parent, may look at a U visa or VAWA. See our U visa and VAWA lawyer page.
What SIJS means for the family
SIJS protects the youth, not the parents. No natural or prior adoptive parent of a special immigrant juvenile may receive any right, privilege or status under the immigration laws by virtue of that parentage (INA § 101(a)(27)(J)(iii)(II) and 8 C.F.R. § 204.11(i)). According to USCIS, this applies even after the youth naturalizes, and even to a parent who did not cause the harm. Families should know this before choosing SIJS over another route.
The approval can also be lost before the green card. It is revoked automatically if, before the adjustment decision is final, a juvenile court reunifies the youth with a parent after reunification with that parent was found not viable, or a court or agency decides it is in the youth's interest to be returned to the home country (8 C.F.R. § 204.11(j)). Talk with both lawyers before any change in custody or placement.
Mistakes that can hurt an SIJS case
- Waiting too long. The petition must reach USCIS before the 21st birthday, and the state court's power may end sooner.
- An order without facts. Findings that only repeat the legal words invite requests for evidence.
- Getting married. Marriage before USCIS decides the petition ends eligibility.
- Missing court. A pending SIJS case does not cancel an immigration hearing.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent you before USCIS or in immigration court.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle SIJS petitions before the USCIS offices that serve Los Angeles and Southern California, and SIJS cases in the region's immigration courts:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent clients across the country, before USCIS and the immigration courts. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
Who qualifies for Special Immigrant Juvenile Status?
A young person under 21 and unmarried when the petition is filed, in the United States, with a state juvenile court order finding that reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under state law, and that returning to the home country would not be in the youth's interest.
What if my child is about to turn 21?
Act now. The I-360 must be properly filed with USCIS before the 21st birthday, and the state-court order has to come first. The state court's power may end sooner. If the petition is filed in time, USCIS cannot deny it only because the youth is over 21 when it decides.
Do you go to the state juvenile or family court?
No. We practice federal immigration law only. The state-court order is obtained in state court, with a lawyer licensed in that state where one is needed, and we coordinate with that counsel so the order includes the findings and facts USCIS looks for.
Does the child have to be in foster care?
No. The court may place the youth with a guardian, a relative or a parent who did not cause the harm, if reunification with at least one parent is not viable.
Does SIJS give my child a green card right away?
No. After USCIS approves the I-360, the youth applies for a green card on Form I-485 when a visa is available. Many youths wait years for their EB-4 priority date to become current in the Visa Bulletin.
Can my child get a work permit while waiting for a visa?
Not automatically. In June 2025 USCIS ended its practice of considering deferred action and work permits for approved youths waiting for a visa. Prior grants stay valid for their period unless terminated, but are not renewed.
My child is in immigration court. Can we still apply?
Yes, but the youth must keep attending every hearing. The judge may be asked to continue the case while the state court and USCIS act, or in some cases to terminate it.
Can my child petition for me later?
No. A youth who receives SIJS can never give an immigration benefit to a natural or prior adoptive parent, even after becoming a U.S. citizen.
Do you handle SIJS cases in Los Angeles and Southern California?
Yes. We handle SIJS petitions before the USCIS offices that serve Los Angeles and Southern California, and SIJS cases in the immigration courts from Los Angeles, Van Nuys, West LA and Santa Ana to Adelanto, San Diego, Otay Mesa and Imperial. Meetings at our Van Nuys office are by appointment only.
Can Carlos Maury influence the officer or judge deciding my child's case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Talk with a former immigration judge about an SIJS case
Whether you are a parent, guardian or caregiver looking at the options, a young person close to 21, a youth in immigration court, or someone waiting years for a visa, call to discuss the case. Hablamos español.