Special Immigrant Juvenile Status (SIJS): How Congruence Law, P.C. Helps Vulnerable Children Access Legal Protection and Permanent Status

Children who have been abused, neglected, or abandoned by one or both parents often face not only emotional trauma, but also immigration uncertainty. Special Immigrant Juvenile Status (SIJS) offers a pathway to lawful permanent residence (a green card) for undocumented minors in the United States who cannot safely reunify with a parent. At Congruence Law, P.C., we help children and their guardians navigate the SIJS process with sensitivity, urgency, and careful legal advocacy.

SIJS is a humanitarian immigration classification available to noncitizen children who meet the following criteria:

• Under 21 years old and unmarried at the time of filing;

• Declared dependent on a juvenile court, or placed under the custody of a state agency or individual by court order;

• Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law;

• It is not in the child’s best interest to return to their country of nationality or last habitual residence.

SIJS is unique in that it requires both state court findings and federal immigration filings. At Congruence Law, P.C., we work closely with clients to obtain the necessary juvenile court order—often from a family court, probate court, or dependency court—that makes specific legal findings regarding abuse or neglect, parental reunification, and the child’s best interests.

Once the qualifying state court order is secured, we assist clients in preparing and filing Form I-360, Petition for Special Immigrant Juvenile, with U.S. Citizenship and Immigration Services (USCIS), along with identity documents, court orders, and supporting evidence. If a visa is available under the Special Immigrant Juvenile category, we also file Form I-485, Application to Adjust Status, to begin the process of obtaining lawful permanent residence.

Common challenges in SIJS cases include:

• Timing and jurisdictional issues in state court;

• Insufficient factual findings in court orders;

• Misunderstanding the requirement that reunification with only one parent must be unviable (both parents need not be abusive);

• Age-out risks as the child approaches 18 or 21, depending on the jurisdiction;

• Backlogs in visa availability, particularly for certain nationalities (e.g., Guatemala, Honduras, El Salvador).

We help clients avoid these pitfalls by collaborating with guardians, social workers, and family law attorneys to secure properly worded court orders, and by ensuring that all immigration filings are timely, complete, and strategically sequenced. We also track priority dates for clients from oversubscribed countries and provide interim support, such as work authorization and protection from removal, while green card processing is pending.

It is important to note that SIJS recipients cannot later petition for immigration benefits for their parents, even after obtaining a green card. This rule reflects the statute’s focus on protecting children from parental harm, not facilitating family reunification with those found to have abandoned or abused the child.

At Congruence Law, P.C., we believe that every child deserves safety, stability, and a future free from fear. Our approach to SIJS cases is grounded in trauma-informed care, legal precision, and a commitment to protecting vulnerable youth through all available legal avenues.

If you are a young person—or the guardian of a child—who may qualify for Special Immigrant Juvenile Status, contact us at immigration@congruence.com to schedule a confidential consultation. We are here to help you take the next step toward safety, status, and long-term security.