Special Immigrant Juvenile (SIJ) classification provides a pathway for children under 21 living in the United States who cannot reunify with one or both parents due to abuse, neglect, or abandonment. At Horrigan & Norman Law, our experienced immigration attorneys can help guide you through the SIJ process and eligibility requirements.

Eligibility Requirements for SIJ Classification

To qualify for an SIJ visa, you must meet specific statutory requirements as outlined under INA § 101(a)(27)(J) and 8 CFR § 204.11:

  • Age Requirement:
    • You must be under 21 years of age at the time you file the SIJ petition (Form I-360).
  • Residency in the United States:
    • You must be living in the United States both when you file the SIJ petition and when USCIS makes a decision on your petition.
  • Marital Status:
    • You must be unmarried. This includes:
      • Never having been married; or
      • Previously married, but the marriage ended in annulment, divorce, or death.
  • Juvenile Court Order:
    • You must have a valid juvenile court order from a state court in the United States that determines:
      • You are dependent on the court or in the custody of a state agency, department, or an appointed guardian.
      • You cannot be reunified with one or both parents due to:
        • Abuse,
        • Abandonment,
        • Neglect, or
        • A similar basis under state law.
      • It is not in your best interest to return to your country of nationality or last habitual residence.

Juvenile Court Order and Exceptions

To qualify for SIJ classification, a valid juvenile court order issued by a U.S. state court must determine that:

  • You are dependent on the court or in the custody of a state agency, department, or an appointed guardian.
  • You cannot be reunified with one or both parents due to:
    • Abuse,
    • Abandonment,
    • Neglect, or
    • A similar basis under state law.
  • It is not in your best interest to return to the country of nationality or last habitual residence of you or your parents.

Note: Some juvenile courts may only issue a juvenile court order if you are under 18 years of age. The eligibility requirement for a valid court order applies both at the time you file the SIJ petition and when USCIS makes a decision on your petition.

Exceptions to Juvenile Court Jurisdiction

You do not need to currently be under the jurisdiction of the juvenile court that issued your order if the court’s jurisdiction ended solely because:

  • You were adopted, or
  • You were placed under the guardianship of a permanent guardian.

Contact Attorney Nancy Norman for SIJ Visa Assistance

Understanding eligibility for a Special Immigrant Juvenile (SIJ) visa can be overwhelming without the right legal guidance. At Horrigan & Norman Law, our experienced immigration attorneys are here to help you navigate the process. Whether you need assistance obtaining juvenile court orders or submitting your SIJ petition, we’re ready to provide personalized legal support.

Contact us today to schedule a consultation.

For additional information on SSDI/SSI eligibility in Spanish, haga clic aquí.