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SIJS: legal protection for minors who have suffered abuse, neglect or abandonment

Special Immigrant Juvenile Status (SIJS) is a form of immigration protection created by Congress for minors who cannot safely reunify with one or both parents because they suffered abuse, neglect or abandonment.

It is one of the most delicate areas of immigration law, because it requires working within two legal systems at once: first a state juvenile or family court, and then USCIS. Many families don't know this option exists.

Who may qualify

The general requirements are:

  • The minor is under 21 and unmarried.
  • A state court has found that they cannot safely reunify with one or both parents due to abuse, neglect or abandonment.
  • That same court has found that it is not in the minor's best interest to return to their country of origin or that of their parents.
  • The minor is present in the United States.

Every case is different and eligibility depends on the specific facts. The only way to know is for us to review the minor's particular situation.

What we do

  • Assess eligibility before starting any filing.
  • Prepare and file the state court petition to obtain the findings SIJS requires.
  • File Form I-360 with USCIS.
  • Pursue adjustment of status (permanent residence) when the minor is eligible.
  • Coordinate with Immigration Court proceedings, if the minor is in removal.

Why come to us

SIJS is one of our firm's core areas of experience. It requires coordinating state and federal proceedings, overlapping deadlines, and above all careful treatment of minors who have already been through difficult situations.

Attorney Stacy M. Ehrisman also serves as President of the board of St. Nick's Kids, Inc., a domestic and international adoption and child placement agency. The commitment to children's wellbeing isn't only professional.

Age matters: don't wait

SIJS has strict age limits, and state court proceedings take time. Every month counts. If there is a minor in this situation in your family, call (678) 985-0313 for an assessment.

Frequently asked questions

Does the minor have to be in deportation proceedings to apply for SIJS?

No. SIJS can be sought whether or not the minor is in removal proceedings. If they are, we coordinate both.

Do the minor's parents receive any immigration benefit?

No. SIJS confers no benefit on the minor's parents — not even the parent with whom they can safely live.

What if the minor turns 21 during the process?

Age at the time of filing generally governs, but the details are technical, which is why acting early matters.

Does it apply if the minor entered without documents?

Manner of entry does not automatically disqualify a minor from SIJS. The full case has to be reviewed.

How long does the process take?

It depends on the state court, USCIS, and visa availability. We can't guarantee timelines, but we'll explain what to expect at each stage.

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Facing an immigration case? Let's talk

Every case is personal. Schedule a consultation and get clear guidance on your options — with a team that fights for your family.

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