How Some Children Living in the U.S. Illegally Can Obtain Green Cards

Immigration law in the United States can often seem complex, particularly for children who find themselves in difficult family circumstances. One significant, but lesser-known, pathway to legal residency for children is the Special Immigrant Juvenile Status (SIJS), which provides green card eligibility to children living in the U.S. who have been abandoned, neglected, or abused by one or both of their parents.

What Is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status (SIJS) is a federal immigration program that allows certain undocumented children in the U.S. to apply for legal permanent residency (green cards) if they meet specific criteria. To qualify, the child must be under 21 years old, unmarried, and must be determined by a state juvenile court to have been:

• Abused, abandoned, or neglected by one or both parents.
• Unable to be reunified with the parent(s) due to the abuse, neglect, or abandonment.

Once the child is granted SIJS, they can apply for a green card, which provides them with lawful permanent resident status.

Eligibility Requirements for SIJS

To apply for SIJS, a child must meet the following conditions:

1. Abuse, Abandonment, or Neglect: The child must demonstrate that they have been abandoned or neglected by one or both of their parents. The abuse or neglect must be severe enough that the child cannot safely return to the parent’s care.
2. Court Involvement: The child must have a state court (typically a family or juvenile court) declare that reunification with the parent is not viable due to the abuse, abandonment, or neglect. The court must also determine that it is in the child’s best interest to remain in the U.S. rather than be returned to their home country.
3. Age: The child must be under 21 years old at the time of the SIJS application and must remain unmarried throughout the process. How the SIJS Process Works

The SIJS process begins in state court, where a judge must first issue a special findings order that confirms the child meets the requirements for SIJS. Once the court issues this order, the child can then apply to U.S. Citizenship and Immigration Services (USCIS) for Special Immigrant Juvenile Status.

If approved, the child can then apply for a green card, providing them with lawful permanent resident status, and putting them on the path to U.S. citizenship.

Benefits of SIJS for Children

1. Protection from Deportation: Once a child is granted SIJS, they cannot be deported. This legal status provides much-needed security for undocumented children, allowing them to focus on their education, employment, and building a stable life in the U.S.
2. Eligibility for a Green Card: After receiving SIJS, the child is eligible to apply for a green card, giving them permanent residency in the U.S. and access to benefits such as financial aid for education and legal employment.
3. Path to Citizenship: Once they have their green card, children can eventually apply for U.S. citizenship after maintaining permanent residency for five years.

For undocumented children who have faced abandonment, neglect, or abuse by a parent, Special Immigrant Juvenile Status offers a vital lifeline. It provides not only protection from deportation but also a pathway to a green card and eventual U.S. citizenship. By navigating the SIJS process, these children can secure a safer and more stable future in the U.S., free from the fear of being separated from the only home they may have ever known.

If you or someone you know may be eligible for SIJS, it’s essential to contact our office to guide you through the application process and ensure that all necessary steps are completed.