How to File Form I-360 for Special Immigrant Juvenile Status

Once a state court signs an order with the required findings, the case moves to USCIS on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Three facts shape this stage. USCIS charges no filing fee for an SIJS I-360. The petition must be filed before the young person turns 21 and before any marriage. And federal law directs USCIS to decide the petition within 180 days of filing, a deadline that is often met and sometimes not. This post walks through how the Form I-360 SIJS petition is assembled, what USCIS reviews, and what the approval does and does not deliver.

What goes into the Form I-360 SIJS petition

The form itself is short. The weight of the filing is in the exhibits. A complete petition includes:

• Form I-360 with the special immigrant juvenile classification selected and every section about the petitioner completed, signed by the young person or, for a child under 14, by a parent or guardian.
• Proof of age and identity: a birth certificate, passport or national identity document, with a certified English translation.
• The signed state court order containing the three findings, plus the petition or motion that led to it and any supporting declarations or exhibits the court considered.
• Evidence that the order remains in effect, or evidence that the court’s jurisdiction ended only because of the child’s age or because the case closed in a permanent placement such as adoption or permanent guardianship.
• A copy of any Notice to Appear or other record of removal proceedings, since USCIS needs to know whether the child is before the immigration court.
• If the child is or was in federal custody, documentation of that custody and of any consent obtained from the Department of Health and Human Services.

We also include a short cover letter that maps each statutory requirement to the exhibits. This is the same approach our SIJS petition practice uses for every filing, because it answers the officer’s questions before they are asked.

When and where to file

The petition is mailed to the USCIS lockbox designated for Form I-360; the address changes from time to time, so confirm it on the USCIS form page the week you file. The filing date matters for two reasons. It fixes the young person’s age for eligibility: a petitioner who is under 21 on the date USCIS receives the petition stays eligible even if the decision comes after their twenty-first birthday. It also becomes the priority date in the EB-4 category, which determines when a visa number will be available for the green card. Filing one day earlier can mean months less waiting later. We cover the consequences in how the SIJS green card works after approval.

How USCIS reviews the petition: the consent determination

The statutory requirement that catches the most petitions is USCIS consent. USCIS must agree that the state court order was sought primarily to protect the child from abuse, neglect or abandonment, and that the court had a reasonable factual basis for each of its findings. Officers are not permitted to re-decide the custody question, but they will look for facts in the order and the accompanying state court record. If the order is conclusory, the officer may ask for the evidence the court relied upon. Our post on what the state court order must say explains how to avoid that request at the drafting stage.

Consent also has a second form. If the child is in the custody of the Department of Health and Human Services, a state court generally needs the department’s specific consent before it can change the child’s custody status or placement. The I-360 should show that this consent was obtained where it was required.

The 180-day rule and what slows a decision

Congress directed USCIS to adjudicate SIJS petitions within 180 days. In practice several things reset or stretch that period. A Request for Evidence pauses the clock until the response arrives. A biometrics appointment must be completed. USCIS may schedule an interview, although many SIJS petitions are decided on the papers. Check the USCIS processing times page for the current posted range rather than relying on the statutory number, and treat any delay well past 180 days as a reason to contact the agency or consider a mandamus action.

Responding to a Request for Evidence

RFEs on SIJS petitions tend to cluster around a few themes: the order lacks facts behind a finding; the order does not identify the state-law basis for abuse, neglect or abandonment; the court appears to have lacked jurisdiction because of the child’s age; or the record suggests the state case was pursued only for immigration purposes. Some RFEs can be answered with documents already in the state court file. Others require returning to state court for an amended or supplemental order that spells out the facts. The RFE deadline is firm, so we decide within days of receiving it whether a state court motion is needed.

What approval does and does not give

An approved I-360 classifies the young person as a special immigrant juvenile. It does not by itself grant lawful status, work authorization or a green card. It fixes the priority date and makes the young person eligible to apply for adjustment of status when a visa number is available under the Visa Bulletin. Whether an approved petitioner can obtain deferred action and work authorization during the wait has changed in recent years and is the subject of litigation as of this writing, so we confirm the current rule for each client. If the child is in removal proceedings, the approval is strong evidence for a continuance, administrative closure or dismissal, and our removal defense team coordinates that request with the immigration judge.

If you are ready to file an SIJS petition or have received a Request for Evidence on one, we can review the state court record and the federal file together. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our SIJS petition page or schedule a consultation.