Special Immigrant Juvenile Status (SIJS) is an immigration relief available to certain undocumented immigrants under the age of twenty-one (21) who have been abused, neglected, or abandoned by one or both parents. This status is a way for immigrants under twenty-one to apply for and obtain legal permanent residence in the United States.
There are very specific requirements for a child to qualify for SIJS, and the criteria are:
The minor child must be twenty-one (21) years old or younger at the time of filing;
Must be unmarried;
A family court must make a determination that the minor child cannot be reunited with one or both parents due to abandonment, abuse, or neglect under sate law; and
The family court must also find that it is not in the best interests of the minor child to return to country of nationality or last habitual residence.
There are many benefits to obtaining Special Immigrant Juvenile Status. SIJS waives several types of inadmissibility that would otherwise prevent an immigrant from becoming a lawful permanent resident (getting a green card). For example, SIJS waives unlawful entry, working without authorization, status as a public charge, and certain immigration violations. Once a minor child obtains SIJS, they will receive a Priority Date which will allow them to adjust for lawful permanent resident, once it is current, and obtain work authorization. After five (5) years of being a lawful permanent resident the minor child will be able to apply for U.S. citizenship.
Can I work if I have SIJS?
No, you do not receive work authorization (a work permit) with the approval of your SIJS application. However, the current Biden administration has allow SIJS beneficiaries to apply for a work permit under Deferred Action while their Priority Date to petition for legal permanent residency becomes current. Therefore, at the time a SIJS application is approved this might still be in effect, meaning Deferred Action could allow a SIJS beneficiary to obtain a work permit while their Priority Date becomes current. An attorney could help you determined this at the time of you SIJS application approval.
Furthermore, when you become eligible to file for permanent residency, you can also apply for a work permit. Your green card also serves as proof that you are authorized to work in the U.S., so once you get your green card you no longer need a separate work permit.
Can I travel if I have SIJS?
No, you cannot travel outside the U.S. with the approval of your SIJS petition. However, once you become a legal permanent resident, you are authorized to travel. With a passport from you country of nationality you will be able to travel outside of the U.S. and even return to your home country but it is important not to travel for a long time because permanent residency is only for people who are residing or living in the U.S., so if you are gone too long, immigration may decide that you are actually not living here anymore. There are specific times set by U.S. immigration as to how long you can travel outside the U.S. while being a legal permanent resident, consult with an attorney to learn more about this.
If I have SIJS, can I help family members?
Once you have been a permanent resident for five (5) years, you may be eligible to become a U.S. citizen. As a U.S. citizen, you can petition for your spouse, children, and siblings. Although U.S. citizens generally may also petition for parents once the citizens turn twenty-one (21), if you obtained your legal status through SIJS, you will never be able to petition for your parents.
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