Special Immigrant Juvenile Visas

Special Immigrant Juvenile (SIJ) classification can provide a path to lawful permanent residence— and ultimately citizenship— for certain children (under age 21) who cannot safely reunify with one or both parents because of abuse, neglect, abandonment, or a similar basis.

A “sponsor” or guardian is required, and the guardian can be a biological parent, other family member, or trusted adult regardless of their immigration status. In Texas, children over the age of 18 must be in high school or equivalent program to qualify.

Central Texas Only

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Central Texas Only

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Central Texas Only

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Central Texas Only ✳︎ Central Texas Only ✳︎ Central Texas Only ✳︎

Step 1: Family Court Guardianship Case

The first step is to obtain an order from a the family court in the county where you live.

The court must make specific findings, including:

  • The child's custody, guardianship, or dependency;

  • Whether reunification with one or both parents is not possible because of abuse, neglect, abandonment, or other similar basis; and

  • Whether it is in the child's best interest to remain in the U.S. rather than return to their country of nationality.

The court's order does not itself grant immigration status. Instead, it provides the findings that are needed to ask U.S. Citizenship and Immigration Services (USCIS) for Special Immigrant Juvenile classification.

Step 2: Special Immigrant Juvenile Visa Petition

Once the custody or guardianship order has been obtained, the next step is to file the visa petition, with USCIS.

The I-360 petition asks USCIS to recognize the young person as a Special Immigrant Juvenile (SIJ). USCIS reviews the court order and supporting evidence to determine whether the requirements for SIJ classification have been met.

Approval of the I-360 grants SIJ classification and a work permit and social security number, but it does not by itself make the young person a lawful permanent resident. A separate application for a Green Card is required.

Step 3: Application for Permanent Residence

The final step is applying for lawful permanent residence (a Green Card) by filing Application to Adjust Status with USCIS.

Depending on visa availability and the circumstances of the case, the I-485 may be filed together with the I-360, while the I-360 is pending, or after the I-360 has been approved.

If USCIS approves the I-485, the young person becomes a lawful permanent resident of the United States and receives a Green Card. Then, the path to citizenship begins!