What is SIJS and can my child qualify?

We know this is personal and painful. A child who was hurt or left behind by a parent deserves safety. U.S. law has a path built for exactly that, and many families never hear about it until it is too late. This page helps you find out early.

This page explains what SIJS is and who can qualify. It is general information, not legal advice. DNLH is not a law office. Only an immigration attorney or a DOJ accredited representative can tell you if your child qualifies. Timing and deadlines are on Can I still get SIJS at 18, 19 or 20?

What is SIJS?

SIJS is a path to a green card for young people who were abused, neglected or abandoned by a parent. The full name is Special Immigrant Juvenile Status.

It works in two big steps:

1. A state court step. A California court that handles children's cases makes special findings about the child.
2. An immigration step. The young person uses that court order to file Form I-360 with USCIS. If USCIS approves it, the young person can later apply for a green card when a visa is available.

USCIS says SIJS is for young people who are the subject of state juvenile court proceedings related to abuse, neglect or abandonment by a parent (checked October 18, 2026). The court step always comes first. Without the court order, there is no SIJS case.

Who can qualify?

Your child may qualify if all of these are true. A lawyer will check each one.

• Under 21. Your child must be under 21 on the day the I-360 is filed.
• Not married. Your child must be unmarried.
• In the United States. Your child must be physically present in the U.S.
• A California court case. A court that handles children's matters (juvenile dependency or delinquency, probate guardianship, or family court custody) has made findings about your child.
• Abuse, neglect or abandonment. The court finds that your child cannot reunify with one or both parents because of abuse, neglect, abandonment or a similar basis under state law. The court does not have to end the parent's rights to find this (8 CFR 204.11(c)).
• Best interest. A court or agency finds it is not in your child's best interest to be returned to their or their parent's country of nationality or last home country (8 U.S.C. 1101(a)(27)(J)).
• A real protection case. USCIS checks that a main reason for going to court was to get relief from the abuse, neglect or abandonment, not only to get immigration papers.

Tell the lawyer how your child entered the U.S. It can matter for the green card step later, so they will ask.

What counts as abuse, neglect or abandonment?

California law decides what counts, and it may cover more than you think. These are legal words. They do not always mean what they mean in everyday talk.

Situations lawyers often ask about include:

• A parent who hit, hurt or threatened the child
• A parent who never sent money, food or care, or left the child with others for years
• A parent who died, or whose identity is unknown
• A parent who did not protect the child from gangs, violence or harm by others
• A parent who forced the child to work instead of going to school

Something that seemed normal in your home country, like harsh physical punishment or working young, may still count under California law. Don't decide on your own that it "wasn't bad enough." Tell the lawyer everything and let them judge.

Can my child qualify if they live with me, the other parent?

Often, yes. The federal rule says the court must find reunification is not viable with "one or both parents" (8 CFR 204.11(c)(1)(ii)). So a child can qualify when one parent abused or abandoned them and they live safely with the other parent. Lawyers call these one parent cases.

If you are the safe parent, you are not giving up your child by doing this. In many cases, the court gives you custody, and your child stays with you. The court order is about the parent who caused harm.

Does my child have to be in immigration court?

No. The federal eligibility rules in 8 CFR 204.11 do not depend on whether your child is in immigration court. Children in court and children who never had a court case can both pursue SIJS.

• Not in immigration court? The case starts in a California court, then goes to USCIS.
• Already in immigration court? Your child must still go to every hearing. Tell the judge and the government lawyer that you are working on SIJS. See What happens at your first immigration court hearing and Do I have to go to immigration court?

Missing a hearing can lead to a removal order. Never skip court because an SIJS case is pending.

Which California court handles the first step?

It depends on your child's situation. California law says the juvenile, probate and family court divisions of the superior court can all make SIJS findings (Code of Civil Procedure 155). Which case fits your child is a question for your lawyer. These are the usual matches:

The court does not grant immigration status. It only decides facts about the child's safety, family and best interest. USCIS makes the immigration decision.

Step by step help with the court order is on Getting a California court order for SIJS.

What if my child is already 18?

There is still time, but not much. In California, a court can appoint a guardian for an unmarried young person who is 18, 19 or 20, with the young person's consent, so the court can make SIJS findings. A guardianship that began before 18 can also be extended to age 21 for the same reason. The guardian cannot override the young person's own choices about medical care, school or where they live without their express consent (California Probate Code 1510.1, checked October 19, 2026).

If your child is 18 or older, call a provider today. Deadlines are explained on Can I still get SIJS at 18, 19 or 20?

What does SIJS give my child?

SIJS opens the door to a green card, but it is not a green card by itself.

• A path to permanent residence. After the I-360 is approved, your child can apply for a green card when a visa number is available. SIJS green cards come from the EB-4 visa group. A visa must be available both when your child applies and when USCIS decides. For many countries, that means a wait.
• No public charge test. The public charge test does not apply to green card applicants who have SIJS (checked October 19, 2026). Using benefits your child qualifies for does not count against them in that test.
• College in California. The California State University lists SIJ among the statuses that may establish residency for tuition. See Paying for college.

What has changed in 2025 and 2026?

• New fee. The 2025 federal law known as H.R. 1 created a $250 SIJS fee (8 U.S.C. 1805). The October 1, 2026 inflation notice kept it at $250 for filings from October 16, 2026. The regular $515 I-360 fee still does not apply to SIJS (8 CFR 106.2). USCIS treats the $250 as not waivable. A lawsuit filed July 22, 2026 in federal court in San Francisco (CHIRLA v. Mullin) challenges that; we found no ruling as of October 21, 2026 (from the plaintiffs' lawyers' case page, not a court order).
• Deferred action. On June 6, 2025, USCIS ended its practice of considering deferred action, and with it work permits, for young people with an approved SIJS petition who are waiting for a visa. A federal court in New York (A.C.R. v. Noem) paused that change on November 19, 2025. On January 14, 2026, it ordered USCIS to follow its 2022 policy while the case goes on. As of October 21, 2026, the case is on hold for an appeal and still open, according to the court docket. This can change. Ask your lawyer what it means for your child today.

Things are moving fast. Before you act on news, check it with a free legal provider.

How long does it take, and what happens at USCIS?

The court step comes first, then USCIS, then the green card wait. Each part takes time, so start early.

• Court step. How long it takes depends on the court and the case. Ask your lawyer to compare the timeline with your child's 21st birthday.
• USCIS decision. USCIS generally decides an SIJS I-360 within 180 days after it has all the required evidence (8 CFR 204.11(g)). A request for more evidence can pause that clock.
• Interview. USCIS may interview your child. Your child may bring a trusted adult, and their lawyer or accredited representative may be there.
• Keep the court order in place. The court order generally must stay in effect until USCIS decides, unless it ended only because of age or an adoption or permanent guardianship.
• Green card wait. After approval, your child applies for a green card when an EB-4 visa number is available. For some countries that wait is years.

Example (fictional). Ana is 17 and lives with her mother in San Jose. Her father left when she was a baby and never sent support. Her mother files for custody in family court and asks for SIJS findings. The judge grants custody and makes the findings when Ana is 17 and a half. A few weeks later, her lawyer files the I-360 with the court order and the $250 fee. USCIS asks for one more document, then approves. Ana then waits for a visa number before she can file for a green card. Her mother does not get any status through Ana's case.

What could hurt my child's chances?

• Waiting. Age 21 is a hard line. The court step takes time. Start now.
• Getting married. Your child must be unmarried. Talk to the lawyer before any marriage.
• Using an unlicensed helper. Only an attorney or a DOJ accredited representative may give legal advice. See Warning signs of an immigration scam.
• Leaving things out. Tell the lawyer about any arrests, juvenile cases, past immigration papers or trips outside the U.S.
• Skipping immigration court. If your child has a court date, go.

What should I bring to a legal screening?

Gather what you can. Missing papers are common, so don't wait to have everything.

• Your child's birth certificate and passport or ID
• Any immigration papers: I-94, Notice to Appear, court notices, release papers from the Office of Refugee Resettlement
• Proof of what the parent did or did not do: police reports, school or medical records, messages, letters from people who know
• Proof the parent is absent or deceased: death certificate, or proof you could not find them
• School records showing where your child has lived and studied
• Any family court, guardianship or juvenile court papers

Who can help?

You don't have to figure this out alone. These are free or low cost programs. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Lists SIJS among its services, for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Legal Aid Society of San Mateo County, LIBRE program: 650-517-8936. Gives limited immigration help, including SIJS for teen parents, their families and other vulnerable immigrants in San Mateo County.
• Bay Area Legal Aid: advice line 1-800-551-5554, in all languages. Lists SIJS among its immigration services for survivors with low income.
• Came to the U.S. alone as a child? California funds free legal help for unaccompanied minors, including those living with a sponsor, for SIJS, asylum and more. See the California Department of Social Services page.
• More options: Free or low cost immigration legal help in the Bay Area and How to find a lawyer you can trust.

Your child may also qualify for other protection, like asylum or a U visa. A good screening looks at all of them. See Immigration options if you survived violence, abuse or trafficking.

Questions people ask

My child came alone and lives with a sponsor. Can they apply? They may. Many SIJS cases involve children who came alone. California funds free lawyers for them. See the CDSS link above. If a child is or was in federal custody (the Office of Refugee Resettlement) and a state court order changed that custody or placement, the I-360 needs specific consent from the Department of Health and Human Services. A lawyer handles this.

The parent who abused my child is back home. Do they have to agree? A lawyer will explain how that parent is notified in the California case. The court case is about the child's safety, not the parent's permission. On the immigration side, USCIS will not require your child to contact the person who hurt or left them.

Will this put my child at risk with immigration? Any filing shares information with the government. Ask a lawyer to weigh the risks and benefits for your child before you file.

My child is 20. Is it too late? Not yet, if the I-360 can be filed before 21. Call today. See Can I still get SIJS at 18, 19 or 20?

Does it cost money? The regular I-360 fee does not apply to SIJS, but the $250 H.R. 1 fee does, and USCIS says it cannot be waived. Free nonprofits often handle the court step. Ask about costs at your first call.

Can my child work while waiting? Ask your lawyer. USCIS tried to end deferred action for SIJS in 2025, a court paused that change, and the case is still open. That affects work permits. See What has changed.

Is there a checklist I can bring?

Every child deserves to be safe and cared for. Taking this first step is an act of love. Make the call this week.