For many young immigrants, life in the U.S. isn’t just about chasing dreams. It’s about escaping hardship. Have you experienced abandonment? Were you forced to grow up too fast because of neglect? If that sounds familiar, you are not alone. Special Immigrant Juvenile Status (SIJS) is a pathway for young people like you who need a fresh start and a safe place to call home.
We understand how difficult it can be to trust the system after everything you’ve been through. You might ask yourself, “Who’s on my side?” At our New Jersey immigration law firm, we hear this all the time, and our answer is simple: we are.
In this blog, we’ll break down the special immigrant juvenile classification, who qualifies, and how we can help guide you through the process. We’ll fight for your future and make sure your voice is heard.
What Is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status (SIJS) is a pathway to lawful permanent residence (a green card) for immigrant children who have suffered abuse, neglect, or abandonment by a parent. The Immigration and Nationality Act (INA) provides the legal framework for SIJS, outlining the conditions and requirements for eligibility.
This legal status provides stability and security to young people by allowing them to remain in the United States and build a safe future. By granting this status, the government recognizes that returning these children to their home countries would not be in their best interest because of the hardships they faced.
Who Qualifies for Special Immigrant Juvenile Status?
To be eligible for SIJS, a child must meet several requirements:
- Age Requirement: The child must be under 21 years old at the time of filing.
- Unmarried: The applicant must be single (never married or the marriage ended in annulment, divorce, or widowed).
- Predicate Order By a State Juvenile Court: Issued by a juvenile court, this order determines:
- The child is under the court’s jurisdiction or is in the care of a state organization, department, individual, or entity appointed by the court.
- The child has been abused, neglected, or abandoned by one or both parents.
- Reunification with the abusive, neglectful, or abandoning parent(s) is not possible.
- Returning to their home country is not in the child’s best interest.
These determinations are in accordance with applicable state law, which governs the criteria for abuse, neglect, or abandonment.
What Is a Predicate Order From a State Juvenile Court?
A predicate order is the foundation of the SIJS process. A petition must be filed with the juvenile court to obtain a predicate order, typically through a guardian or attorney. The court will then hold a hearing to assess the child’s situation. If the court grants the petition, it will issue a predicate order that includes the necessary findings.
This order must be submitted to U.S. Citizenship and Immigration Services (USCIS) as part of the SIJS application. The predicate order provides the legal authority for the child to seek SIJS. Without this valid juvenile court order, the child cannot proceed with their application.
The SIJS Process in New Jersey
The process involves several steps:
Step 1: Gather and Submit the Required Documents
The first step is to collect all necessary paperwork, including:
- A completed Form I-360
- Proof of age (such as a birth certificate or passport)
- Juvenile court orders confirming abuse, abandonment, or neglect.
- HHS consent (if applicable)
- Form G-28 (if applicable)
Step 2: Verify Your Age and the Urgency of Your Situation
Timing is everything. You must file your application before your 21st birthday. If you are close to aging out, take immediate action by calling USCIS at (800) 375-5283 if you are in the US. If you are outside the US, you can call (212) 620-3418 to request an urgent appointment. Missing the deadline could mean losing your chance at SIJS.
Step 3: Consider Applying for Deferred Action and a Green Card (Optional)
If your SIJS petition is approved but there are no available visas for adjustment of status, you may apply for deferred action. This can help protect you from deportation and may provide eligibility for work authorization. Once a visa becomes available, you can apply for a green card and secure lawful permanent residency.
IMPORTANT UPDATE: On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the DACA Final Rule. As a result, USCIS will continue accepting and processing DACA renewal requests and work authorization applications, meaning current DACA recipients can maintain their status. While USCIS is still accepting initial DACA applications, they will not be processed at this time. If you already have DACA, your status and work permit remain valid until they expire unless individually terminated.
Step 4: Processing and Follow-Up
After submitting all required documents, USCIS will review your case. If they need additional information, they will issue a Request for Evidence (RFE), to which you must respond promptly. You can track your application’s progress online or call USCIS for updates at (800) 375-5283. Staying informed and proactive during this stage is key to a successful outcome.
Challenges and Immigration Benefits of SIJS
The SIJS process can be complicated, mainly because it requires state court proceedings and federal immigration procedures. Navigating both state or juvenile court proceedings and federal immigration procedures can be complex, but the benefits of SIJS are significant:
- Protect young immigrants from deportation
- Grant work authorization to work legally and gain economic independence
- Offer educational opportunities, including language skills improvement and higher education access
- Offer eligibility for permanent residency (green card)
- Allow access to social benefits such as medical care and assistance programs
- Not require financial support from a sponsor or family member
Why Work with a Special Immigrant Juvenile Visa Attorney?
The SIJS process involves complex legal steps that require knowledge of family law and immigration law. An experienced special immigrant juvenile visa lawyer can:
- Guide you through the family court process
- Help gather the necessary documentation to support your case
- File your petition correctly and on time
- Advocate for you in any legal challenges that may arise
- Represent you in immigration court and communicate with the immigration judge on your behalf.
A Personal Touch You Can Count On
At our New Jersey immigration law firm, we pride ourselves on a client-centric approach. That means your needs come first, and your voice will always be heard throughout every step of the legal process. Our lead attorney, Reana Garcia, brings a unique perspective to every case. As a former career prosecutor, she knows how to navigate complex legal situations and isn’t afraid to be real and honest. That honesty is a cornerstone of our practice and a testament to our commitment to your success.
- Dedication – Our team is dedicated to you and your case. We will work tirelessly to make sure you receive the best results.
- Communication – This is your case and your life, and we want to make sure you always know and understand what is going on- each step of the way
- Determination – Our team is determined to represent you and your family to the utmost of our abilities in and out of the courtroom.
At Reana Garcia Law Group, Your Safety Matters
If you believe you or someone you know may qualify for Special Immigrant Juvenile Status in New Jersey, don’t wait to seek help. The sooner you start the process, the better your chances of securing the protection you need.
With our experience and compassionate approach, we will make sure your needs are met and your voice is heard. You don’t have to face the system alone. We’re here to stand by your side and help you build a brighter future. Contact us at (201) 983-4012 or complete our confidential online form to schedule a consultation and start your immigration journey.
Dedication. Communication. Determination. That’s our promise to you.
Copyright © 2025. Reana Garcia Law Group. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Reana Garcia Law Group
22 Chestnut St
Rutherford, NJ 07070
(201) 983-4012
https://www.reanagarcialawgroup.com/
