Special Immigrant Juvenile Status (SIJS)

• Federal immigration law empowers family court judges under Article 10 to issue the special findings necessary for a juvenile to apply for Special Immigrant Juvenile Status (SIJS). Source: 8 CFR § 204.11(a).
• While a family court judge’s special finding allows a juvenile to take a first step toward applying for SIJS, immigration officials are SOLELY responsible for deciding whether a juvenile is eligible for SIJS.

What is Special Immigrant Juvenile Status (SIJS)?

SIJS status allows young people to:

• Achieve meaningful permanency planning
• Live and work legally in the U.S.
• Obtain other critical benefits (e.g., housing and medical care)
• Seek educational assistance and support
• Minimize risk of removal from the U.S. and subsequent traumatic separation from family and community

“SIJS” Federal Law Requirements

• Must be a child (under 21) when SIJS application is filed
• Must be unmarried
• Must be:
  • declared dependent on a juvenile court OR
  • committed to/in custody of state agency or individual/entity appointed by state/juvenile court
• Must be finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law; and
• Must be finding that it is NOT in the child’s best interest to be returned to child’s or parents’ country of nationality/last habitual residence.
• See USCIS policy manual

Judge’s Role in Special Findings Applications

• Special Findings can be:
  • Entered at virtually any point in the proceeding as long as the threshold factual findings are made
  • Entered against one parent
  • Entered against a non-respondent parent
  • Made by a judge or referee
• Form GF-42: Special Findings Order