You must meet all of the statutory requirements outlined below to be eligible for SIJ classification. The requirements can also be found at INA § 101(a)(27)(J); 8 CFR § 204.11;
Eligibility for SIJ Classification
Be under 21 years of age.
Only at the time you file the SIJ petition (Form I-360).
Be currently living in the United States. You cannot apply from outside the country to come to the United States on SIJ classification. Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.
Be unmarried. This means you either:
- Have never been married; or
- Were previously married, but the marriage ended in annulment, divorce, or death.
Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.
Have a valid juvenile court order issued by a state court in the United States which finds that:
- You are dependent on the court, or in the custody of a state agency or department or an individual or entity appointed by the court.
- You cannot be reunified with one or both of your parents because of ANY of the following:
- Neglect or
- A similar basis under state law;
- it is not in your best interests to return to the country of nationality or last habitual residence of you or your parents.
Note: Some juvenile courts may only be able to issue a juvenile court order if you are under 18 years of age. Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.
EXCEPTIONS: 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 placed in a permanent guardian