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SIJS Attorney

State court findings, Form I-360 petitions, protection during the EB-4 wait and adjustment of status for Special Immigrant Juveniles.

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SIJS Attorney: Special Immigrant Juvenile Status Lawyers

Special Immigrant Juvenile Status (SIJS) gives children and young adults who cannot safely reunite with a parent because of abuse, neglect or abandonment a path to a U.S. green card. Capitol Law Partners handles every stage: the state court proceeding that produces the required findings, the Form I-360 petition with USCIS, protection while the child waits for a visa number, and the final application for permanent residence. We represent young people in Washington, DC, Northern Virginia, New York and Minneapolis.

What an SIJS attorney does for you

SIJS is unusual because it runs through two court systems. A state juvenile court must first make specific factual findings, and only then can USCIS act on the immigration petition. Our role is to:

  • Screen the child's history to confirm that SIJS is available and whether asylum or a family-based petition should be pursued alongside it.
  • Choose the right state court proceeding, such as guardianship, custody, dependency or delinquency, and file it before the court loses jurisdiction because of the child's age.
  • Draft a proposed order with each finding required by federal law, supported by declarations and documents.
  • Prepare and file Form I-360 with USCIS, including the request for USCIS consent, and respond to any Request for Evidence.
  • Monitor the EB-4 visa category and pursue deferred action, work authorization or other protection while the child waits.
  • File Form I-485 for adjustment of status when a visa number is available, with any waiver that is needed.
  • Coordinate with the immigration court if the child is in removal proceedings.

Who qualifies for Special Immigrant Juvenile Status

The requirements come from INA section 101(a)(27)(J) and the USCIS regulation at 8 CFR 204.11. To be classified as a special immigrant juvenile, the child must:

  • Be under 21 and unmarried when Form I-360 is filed, and remain unmarried until USCIS decides the petition.
  • Be physically present in the United States.
  • Have an order from a state juvenile court that is in effect when the petition is filed, unless the court's jurisdiction ended only because the child reached the state age limit.
  • Obtain USCIS consent, meaning USCIS agrees that the primary purpose of the court order was relief from abuse, neglect or abandonment rather than an immigration benefit.

The three findings in the state court order

The juvenile court order must contain three findings. First, the child has been declared dependent on the court, or placed in the custody of a state agency or department, or of an individual or entity appointed by the state or the court. Second, reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under state law. Third, it is not in the child's best interest to return to the country of nationality or last habitual residence. The order should also state the facts behind each finding, because USCIS reviews whether the court had a reasonable factual basis.

State court age limits and why timing matters

Federal law allows filing until the child turns 21, but a state court can only issue findings while it has jurisdiction over the young person, and that jurisdiction varies by state and type of case. The DC Superior Court, the Virginia juvenile and domestic relations district courts, the New York Family Court and the Minnesota juvenile courts each have their own proceedings and age limits, and in some the practical cutoff is 18 rather than 21. A child who is 17 may have only months to obtain an order, so we treat every SIJS consultation as time-sensitive.

The SIJS process and timeline

  1. State court proceeding. We file a guardianship, custody or similar case in the appropriate court and request the SIJS findings. This stage can take weeks to months depending on the court's calendar and whether the parents can be served.
  2. Form I-360. Once the order is signed, we file the petition. There is no filing fee for the SIJS I-360. Federal law directs USCIS to decide these petitions within 180 days of filing, although actual processing times vary.
  3. Visa availability. SIJS falls within the EB-4 employment-based fourth preference category, which has annual limits. Demand has exceeded supply for several years, so many approved petitioners wait for a visa number before they can apply for a green card.
  4. Protection during the wait. Beginning in 2022, USCIS considered deferred action and work authorization for approved SIJS petitioners who could not yet adjust status. In 2025 USCIS announced that it would no longer automatically consider deferred action for this group, and the issue remains the subject of litigation. We advise each client on the rules in force at the time and on other ways to protect the young person while the case waits.
  5. Adjustment of status. When a visa number is available, we file Form I-485. Under INA section 245(h), an SIJS beneficiary is treated as paroled for purposes of adjustment. Several grounds of inadmissibility do not apply at all, including unlawful entry, unlawful presence and public charge, and most others can be waived for humanitarian purposes, family unity or the public interest.

Evidence and documents

  • The child's birth certificate, passport or other proof of identity and age, with certified translations.
  • The signed state court order with the SIJS findings, and the petition or motion that led to it.
  • Declarations from the child, the proposed guardian and any witnesses describing the abuse, neglect or abandonment.
  • Supporting records where available: school, medical, counseling, police and child protective services records, and messages or letters from the parent.
  • Evidence about home-country conditions that bears on the best-interest finding.
  • The child's immigration history, including any Notice to Appear, prior applications, or records from Office of Refugee Resettlement custody.

Common problems in SIJS cases

  • Waiting too long, so the child ages out of the state court's jurisdiction before an order is entered.
  • Orders that recite the legal conclusions but not the facts, which invites a Request for Evidence on USCIS consent.
  • Findings that address only one parent when the facts support both, or that use language not tied to the state's abuse, neglect or abandonment statutes.
  • Marriage before the I-360 is approved, which ends eligibility.
  • Unadvised travel outside the United States, which can disrupt the case.
  • Overlooking that an SIJS recipient can never later petition for a natural or prior adoptive parent, a permanent consequence families must understand before filing.

SIJS and removal proceedings

Many SIJS clients entered as unaccompanied minors and already have a case in immigration court, and SIJS can still be pursued. We ask the immigration judge to continue or administratively close the case while the state court and USCIS act, or seek dismissal once the I-360 is approved. If the child is in federal custody, additional consent requirements apply before a state court can change custody. Our removal defense team coordinates both tracks so that nothing filed in one court undermines the other.

Why Capitol Law Partners

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and leads the firm's immigration practice, covering humanitarian cases such as SIJS and asylum alongside family and employment-based matters. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent SIJS clients from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis.

Learn more

Talk to an SIJS attorney

If a child or young adult in your care cannot return to a parent because of abuse, neglect or abandonment, the clock may already be running in state court. Schedule a confidential consultation or call +1 (202) 440-2272.

Frequently Asked Questions

What is Special Immigrant Juvenile Status?
SIJS is an immigration classification under INA 101(a)(27)(J) for children in the United States who cannot reunite with one or both parents because of abuse, neglect, abandonment or a similar basis under state law. A state juvenile court makes the factual findings, USCIS approves a Form I-360 petition, and the child can then apply for a green card when an EB-4 visa number is available.
How old can my child be and still qualify for SIJS?
Federal law requires the child to be under 21 and unmarried when Form I-360 is filed. The harder limit is usually the state court, which can only issue the findings while it has jurisdiction over the young person. Depending on the court and type of case, that can end at 18. If the child is 17 or older, contact us right away.
Does my child have to be in foster care or government custody?
No. The court order can place the child in the custody of an individual, such as a relative or family friend appointed as guardian, or declare the child dependent on the court. Many SIJS cases are built on a guardianship or custody case brought by an aunt, uncle, grandparent, older sibling or another trusted adult.
Does SIJS require that both parents abused or abandoned the child?
No. The court must find that reunification with one or both parents is not viable. A child who lives safely with one parent in the United States may still qualify if the other parent abused, neglected or abandoned them. The order should explain the facts for each parent it addresses so that USCIS can see the basis for the finding.
Is there a filing fee for the SIJS petition?
No. USCIS does not charge a filing fee for Form I-360 when it is filed for Special Immigrant Juvenile classification. The later Form I-485 application for adjustment of status also carries no fee for SIJS beneficiaries under current USCIS fee rules, which we confirm before each filing. Our fees for the state court case and the petition are discussed at the consultation.
How long does the SIJS process take?
The state court stage can take weeks to months depending on the court and on serving the parents. Federal law directs USCIS to decide the I-360 within 180 days, although times vary. The longest part is often the wait for an EB-4 visa number, which depends on the Visa Bulletin and can take years for some applicants. Adjustment of status follows once a number is available.
Can my child work while waiting for a visa number?
Since 2022, USCIS granted deferred action and work authorization to many approved SIJS petitioners who could not yet adjust status. In 2025 USCIS announced it would no longer automatically consider deferred action for this group, and litigation over that change is ongoing. We advise each client on the current rules and on other ways to obtain work authorization while the case waits.
Can an SIJS recipient later sponsor their parents?
No. Under the statute, a person who obtains a green card through SIJS can never petition for a natural or prior adoptive parent, including the non-offending parent. This is permanent and does not change with citizenship. We discuss this consequence with every family before filing so that the decision to pursue SIJS is made with full information.