Special Immigrant Juvenile classification
SIJ is for children who a state juvenile court has found cannot be reunified with one or both parents because of abuse, neglect, abandonment, or a similar basis, and for whom returning to their home country is not in their best interests. It requires a state court order first, then a USCIS petition, then a wait for a visa number in the crowded EB-4 category.
Who it is for. Unmarried people under 21 in the United States with a qualifying state juvenile court order.
The forms, in order
- 1
Obtain the state juvenile court order with the required findings
The order must contain specific findings about reunification, the basis, and best interests.
- 2
File Form I-360 for SIJ classification
USCIS must decide the petition within 180 days by statute, though it often does not.
- 3
Apply for deferred action if a visa number is not available
SIJ deferred action was created because the EB-4 queue leaves approved children waiting years.
- 4
Apply for a green card once a visa number is available
SIJs are exempt from most inadmissibility grounds and from the public charge ground.
Where it goes wrong
- The state court order must be obtained before the child ages out under state law, which can be years before the federal 21st-birthday deadline.
- The new $250 Public Law 119-21 fee cannot be waived even though the petition itself is free.
- The EB-4 category has been retrogressed for years, leaving approved children in limbo.
- Marrying before the green card is approved ends eligibility.
What changed in 2025 and 2026
- Public Law 119-21 added a non-waivable $250 fee to SIJ petitions.
- USCIS has tightened its reading of the state court order requirements in 2025 policy manual updates, issuing more requests for evidence about the court's jurisdiction and the basis for the findings.