SIJS Immigration

Special immigrant juvenile status (SIJS) visas are for child survivors who were abused, neglected, or abandoned by one or both non-United States Citizen parents. Generally a state attorney and an adoption immigration attorney is necessary to file an application for SIJS status leading to the receipt of a green card. SIJS status is an option for many unaccompanied minor children in the United States.

A minor (under age 18, in most states) must be found to be ‘dependent’ under the law of the state in which she resides.  An experienced immigration attorney will be able to provide the proper wording for the court to use in adjudicating the child as dependent.  It is possible for the child to be adopted by a caregiver prior to issuance of the SIJS visa. 

If and only if the child is the (adopted) child of a U.S. Citizen, a visa will always be available for him immediately.  If he is not the child of a U.S. Citizen, he may have to wait a considerable amount of time for a visa to become available to him.

In order to qualify for an SIJS visa, the beneficiary must:

  • Be under age 21;
  • Be unmarried;
  • Have a valid state court document declaring him dependent upon the court