A Path to Safety and Stability: Understanding Special Immigrant Juvenile Status (SIJS)
August 27, 2025
Authored by: Emerald Sheay
Emerald Sheay
It is difficult to imagine a more vulnerable individual than a young immigrant who has lost one, or both, of their parents. The vulnerability of these children was recognized by Congress over thirty years ago when Special Immigrant Juvenile Status (“SIJS”) was established as a pathway to lawful permanent residency (and eventually, citizenship if additional requirements are met). In particular, this special status aims to protect immigrant children who have been abused, abandoned, or neglected by a parent and cannot be reunified with them. New Jersey, home to the second-largest population of children from immigrant families in the nation, is uniquely positioned to serve as a facilitator for those minors seeking SIJS status.
To assist immigrant children in New Jersey with the SIJS process, Volunteer Lawyers for Justice (VLJ) is excited to announce the expansion of our Children’s Representation Program to handle eligible SIJS cases. Are you an attorney interested in learning more about SIJS and how you can get involved? Join our upcoming CLE training, The SIJS Starter Kit: From Petition to Protection, on September 29, 2025; also read more below for an overview.
What is Special Immigrant Juvenile Status (SIJS)?
Simply put, SIJS is an immigration designation that allows certain young people to apply for lawful permanent residency—a green card—in the United States. Aiming to protect vulnerable youth, the Immigration Act of 1990 limits the designation only to children who suffered abuse, neglect, or were abandoned by at least one parent while establishing the status and offering a path for these children to safety and stability in the United States. U.S. Citizenship and Immigration Services (USCIS) is responsible for adjudicating SIJS petitions. However, USCIS recently issued a new policy alert that eliminated deferred action and work authorization for those granted SIJS. In other words, a SIJS determination no longer guarantees protection from deportation or the ability to work legally while awaiting a visa. While SIJS still remains a legal pathway to a green card for immigrant children, clients should be advised that risks will continue while they wait for an available visa.
Who is Eligible for SIJS?
In order to apply for SIJS through USCIS, an individual must be under the age of 21 at the time the petition is filed and must be unmarried. If the child was already married, the marriage must have ended in annulment, divorce, or death. The child should also be physically present in the United States. Finally, the child must have obtained a state court order determining the following:
The child is dependent on the court, or has been committed to, or placed under the custody of a state agency, department, or an individual/entity appointed by the court;
Reunification with one or both parents is not possible due to abuse, neglect, abandonment, or a similar basis under state law; and
It is not in the child's best interest to return to their country of origin.
Importantly, there is no requirement that the child be placed in foster care in order to seek SIJS. After a family court order has been entered with SIJS-findings, the second step is to proceed with a USCIS filing. Therefore, SIJS is unique in that it is a multistep process requiring a state court order, followed by a USCIS filing, before being eligible to apply for a visa.
The SIJS Process: Step-by-Step
Obtaining a visa through SIJS is a three-step process:
Stage 1: State Juvenile/Family Court. The first, and most crucial step in the SIJS process, is obtaining a court order from the appropriate state juvenile court. In New Jersey, this the Superior Court’s Family Part. Specifically, these cases are handled under the “FD” or “non-dissolution” docket in the family division. The family court must issue an order making the required findings for SIJS eligibility, including a custody determination, finding of abandonment or similar grounds with no feasible reunification, and the best interests of the child.
Stage 2: USCIS Application. After a family court order is issued, the child can proceed to USCIS by filing a petition for SIJS. This is done through completing and filing Form I-360, labeled “Petition for Amerasian, Widow(er), or Special Immigrant”. Supporting documents are required for this petition, including a certified translated birth certificate and a copy of the court order making SIJS findings.
Stage 3: Adjustment of Status. Once the I-360 is approved, the child is finally eligible to apply for a green card, when one becomes available. This application is made via Form I-485 for an adjustment of status. Unfortunately, this legal process can take time. There are a limited number of SIJS visas available every year. Currently, less than 10,000 visas per year are being issued for SIJS applicants. As the demand for visas is larger than those available, there is an existing backlog of approved SIJS petitions still waiting for a visa. Immigration lawyers should advise their clients of the likelihood they will have to wait before ultimately receiving a green card (this could take months or even years).
Why SIJS Matters: Benefits and Impact
The most significant benefit of SIJS is that it provides a legal pathway to a green card for young immigrants, allowing them to live permanently in the United States. Indeed, the significance of lawful permanent residency cannot be overstated. This opens doors for better access to education, including eligibility for financial aid and in-state tuition for college. Once a green card is obtained, the individual may also receive public benefits such as healthcare, food assistance, and housing assistance. After a waiting period, green card holders are also eligible to apply for U.S. citizenship. Overall, SIJS offers hope for a secure and stable life in the United States without fear of deportation. The young people who obtain SIJS, and a visa, can put down roots and focus on developing their education, careers, and future during a critical time in their lives.
How Volunteer Lawyers for Justice Can Help
At VLJ, we believe access to legal services mitigates poverty and provides lasting stability in our communities. It is our commitment to this mission that drives the expansion our Children’s Representation Program to include SIJS-related services. This immigration-related expansion is a natural fit for VLJ, as our existing New Jersey Survivors Justice Project provides representation to survivors of human trafficking with their applications for U and T visas, along with applications for asylum. Now, VLJ is also offering free legal representation for SIJS-eligible young people, both in connection with obtaining the necessary family court order and in the USCIS application process. These services will be provided by staff attorneys and volunteers in our experienced pro bono attorney network. Our Children’s Representation Program will continue providing free civil legal help to the youngest and most at-risk in our communities.
Do you know a young person who might qualify for SIJS? Community members can apply for VLJ’s legal services via an online application or by calling (973) 645-1955. For further questions about VLJ’s SIJS work, email esheay@vljnj.org.
How YOU can help: Become a SIJS Advocate with VLJ
The need for immigration volunteers has never been higher. VLJ invites current attorney volunteers (and those interested in volunteering with VLJ) to attend our upcoming training, and afterward, provide SIJS representation to young people in New Jersey. SIJS work is a rare opportunity to directly impact the lives of our young community members and to help secure a child’s future during a pivotal time of their personal development. VLJ provides training, mentorship, resources, and malpractice insurance to volunteers at all stages of SIJS work. Whether you are an experienced immigration practitioner or new to this practice area, you can volunteer with VLJ to provide life-changing legal assistance to children residing in New Jersey.
Further, we are in heightened need of multilingual volunteers—particularly Spanish. Many SIJS clients need translation assistance for important documents, such as their birth certificates. Interpretation during client meetings is also in high demand. We welcome non-attorney volunteers to participate: to get started, submit a non-attorney volunteer form or contact Diana Onuschak at donuschak@vljnj.org. Attorneys interested in volunteering can submit an attorney volunteer form or contact Emerald Sheay at esheay@vljnj.org.
Conclusion
At VLJ, our mission is to expand access to justice and support communities impacted by poverty. Expanding our representation to include immigrant youth in need of Special Immigrant Juvenile Status is a step forward in that mission. SIJS offers more than legal status—it provides stability, protection, and a chance for a brighter future to some of the most vulnerable in New Jersey. Whether you're a legal professional, a multilingual volunteer, or simply someone who cares, your involvement can help change the trajectory of a young person’s life. We encourage you to share this information, attend our upcoming training, and become part of VLJ’s growing network of advocates committed to justice and opportunity for everyone across the Garden State.
