SIJS / Juvenile Visa (Special Immigrant Juvenile Status)

Special Immigrant Juvenile Status (SIJS), sometimes called the “juvenile visa,” is a powerful form of immigration relief for children and young people who have been abused, abandoned, or neglected by one or both parents.

Our immigration team understands how sensitive these cases are. We work with compassion and discretion to help young clients obtain protection, stability, and a path toward lawful status in the United States.

What Is SIJS?

Special Immigrant Juvenile Status is a federal immigration benefit for certain undocumented children and young adults who:

• Are under a specific age set by state law (often under 21) at the time the case is filed.
• Are unmarried.
• Have been abused, abandoned, or neglected by one or both parents.
• Have a juvenile court order stating that it is not in the child’s best interest to return to their home country.

With SIJS, a young person can apply for permanent residence (a green card) in the United States and gain long-term security and protection from deportation.

Who Qualifies for SIJS?

Every case is unique, but in general, a young person may qualify for SIJS if:

• They are present in the United States.
• They are unmarried.
• They have a juvenile court order (for example: custody, guardianship, dependency, or similar order) that:
  • Places them under the custody or guardianship of a person or agency
  • Finds that reunification with one or both parents is not possible due to abuse, abandonment, neglect, or a similar basis under state law
  • States that returning to their home country is not in their best interest

Because SIJS cases involve both state court and federal immigration law, it is crucial to work with an attorney who understands both aspects of the process and can coordinate each step carefully.

Benefits of SIJS

For qualifying young people, SIJS can be life-changing. It may offer:

• Protection from removal/deportation.
• Eligibility to apply for a green card (lawful permanent residence).
• Access to work authorization (once permanent residence is granted or certain steps are reached).
• Greater stability for schooling, medical care, and long-term planning.

SIJS is not a quick solution, and there are some limitations (for example, it does not allow a child to later petition for either parent), but it can provide critical safety and stability for a vulnerable young person.

How the SIJS Process Works

Because SIJS is a two-step process (state court plus immigration), timing and strategy are crucial. In many cases, the steps may include:

1. Juvenile or Family Court Proceedings

• Filing a case in a state juvenile, family, or probate court (for example, custody, guardianship, or dependency).
• Asking the court to issue special findings that the child has been abused, abandoned, or neglected; that reunification with one or both parents is not viable; and that it is not in the child’s best interest to return to their home country.

2. Filing the SIJS Petition with USCIS

• Submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with supporting evidence and the juvenile court order.
• Responding to any requests for evidence (RFEs) from USCIS.

3. Applying for a Green Card (When Eligible)

• Once SIJS is approved and a visa is available in the correct category, apply for adjustment of status (green card).
• Completing biometrics, interviews (if required), and any additional steps with USCIS.

Our firm handles the process from start to finish, coordinating with the family, the court, and immigration agencies to make sure the young person’s case is presented clearly and carefully.

Why Work with Diaz and Gaeta Law for SIJS / Juvenile Visa Cases?

SIJS cases are more than forms and court dates—they are about protecting young people who have already endured too much.

When you work with our team, you can expect:

• Compassionate, trauma-informed support for children and teens.
• Clear explanations at every step, for both the young person and their caregiver.
• Experience working with juvenile and family courts, as well as immigration authorities.
• Bilingual staff (if applicable) who can communicate in the family’s preferred language.
• Collaboration with schools, therapists, and community organizations when appropriate and with your consent.

We know how emotional these cases can be. Our goal is to make the process as safe and understandable as possible for the child and their family or guardian.

Signs Your Child or a Young Person You Care About May Qualify

You may want to ask about SIJS if:

• A child or teen came to the U.S. alone or with someone other than their parents.
• One or both parents have disappeared, been deported, or cut off contact.
• The young person suffered abuse, neglect, or abandonment by a parent in their home country or in the U.S..
• A relative, family friend, or other trusted adult is currently caring for the child.
• There is already a custody, guardianship, or dependency case in state court, or you are thinking of starting one.

If any of these situations sound familiar, it is important to talk with an immigration attorney as soon as possible, because age limits and deadlines can affect eligibility.

Frequently Asked Questions About SIJS

Is SIJS the same as asylum?

No. SIJS is a separate form of relief based on abuse, abandonment, or neglect by a parent and a juvenile court order. Some children may qualify for both SIJS and asylum, but the requirements and processes are different.

Can a child with SIJS bring their parents to the U.S. later?

No. One important limitation of SIJS is that a child who becomes a permanent resident through SIJS cannot petition for either parent later, even the non-abusive parent. However, they may be able to petition for other qualifying family members in the future, like a spouse or children, once they become a U.S. citizen.

Does a child need to have a parent in the U.S. to qualify?

Not necessarily. What matters is the juvenile court order and the findings about abuse, abandonment, or neglect by one or both parents, and that returning to the home country is not in the child’s best interest.

What if the child is about to turn 18 or 21?

Age is critical in SIJS cases. Some states allow juvenile court jurisdiction only until age 18, others until 21. Because of this, it is very important to speak with an attorney quickly, so you do not lose important options.

Schedule a Confidential SIJS / Juvenile Consultation

If you are caring for a child or young person who has been abused, abandoned, or neglected by a

parent, they may have important immigration options—but time matters.

We are here to help you understand:

• Whether SIJS is an option.
• What steps are needed in juvenile or family court.
• How SIJS connects to a future green card.
• What timeline to expect in your situation.

Contact us for a consultation today 678-503-2780

Your child’s safety and future come first. Let our team guide you through the SIJS process with care, respect, and experience.