What is Special Immigrant Juvenile Status and How Will I Know It Is My Turn To Apply for a Green Card?

What is Special Immigrant Juvenile Status? (SIJS)

Special Immigrant Juvenile Status (SIJS) is a pathway to permanent residence for some unmarried young people under the age of 21. To qualify, you need to show you have been abused, abandoned, neglected or cannot reunify with one or both of your parents due to a similar reason under state law (like your parent’s death). 

In order to apply for SIJS, you must have someone who is willing to become your custodian or guardian in family court. Your guardian or custodian could be a parent, family member, or other trusted adult. They do not need to be documented in order to serve as your guardian or custodian. The family court must also find that it is not in your best interest to be returned to your or your parents’ home country. 

In order to qualify, immigration authorities (USCIS) must receive your application (form I-360) before your 21st birthday.  If you were ever arrested, you should consult with an attorney before submitting an application.

If immigration grants your form I-360, you can apply for permanent residence. However, there is currently a lengthy wait time between these two steps, due to visa backlogs. With an approved form I-360, you can get a work permit while you wait, as well as protection from deportation (deferred action).

How will I know if I am approved?

Once you have filed Form I-360 you should have received a receipt notice or Form I-797 (Notice of Action) from USCIS. This is a confirmation that your petition is received and has a receipt number. If you have Special Immigrant Juvenile Status, it means you filed Form I-360 with USCIS and it was approved. With this receipt number you can check the status of your case at egov.uscis.gov

Step 1:

• Determine your priority date.
• Your priority date is the date that the petition for SIJS (Form I-360) was received by USCIS.

What is the Visa Bulletin?

The visa bulletin is a chart that is released every month by the Department of State. This chart summarizes the availability for a visa for different visa categories and countries. The bulletin informs individuals about which visa categories are experiencing backlogs compared to those that are immediately available or current. This allows individuals to monitor their progress towards having a current priority date.

Step 2:

• Check the USCIS website to see which dates the government is using in a given month.
  • Google “USCIS dates for filing” and click on the first option (https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin)

• Look at the section “Current Month’s Adjustment of Status Filing Charts” then look at “For Employment-Based Preference Filings”

• It will either say “Final Action Dates Chart” or “Dates for Filing Chart” then you can click on that section.

Step 3: 

• Check the Visa Bulletin
• Scroll down to “Employment-Based Preferences” then look at the correct chart from Step 2, either “Final Actions Date Chart” or “Dates for Filing Chart”
• Once you are at the correct chart, look for the 4^th category (Special Immigrant Juveniles is under employment-based 4^th preference)

Chart A: Final Action Date Chart

Chart A of the Visa Bulletin lists the “Final Action Dates” for each country and visa category. If your priority date is earlier than the date listed, you can now apply for adjustment of status.

Chart B: Dates for Filing

Chart B of the Visa Bulletin lists the “Dates for Filing” for each country and visa category. The date listed indicates when to submit your application to adjust status. This allows you to submit your application, even if the final action date has not reached your priority date. By filing in advance, you can prepare and ensure your application is ready as soon as visas become available.

How long is the visa backlog?

Due to high demand and caps on the number of visas that can be issued, the visa backlog can result in a long waiting time for applicants. The backlog is a long waiting period before individuals can apply to become lawful permanent residents.

Every year, there is a limited number of visas available in the EB-4 category. U.S immigration law also limits the number of visas that can be issued to individuals from any single country. Applicants must wait for a priority date to reach the final action date before a visa is available to them. This process is unpredictable, which is why it is important to be proactive in checking the bulletin every month.

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* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.