SIJS – Federal Law Requirements
- Must be a child (under 21) when SIJ application is filed
- Must be unmarried
- Must be:
- declared dependent by a juvenile court OR
- committed to or in the custody of state agency or individual/entity appointed by state/juvenile court
- Must be a finding that reunification with either or both parents is not viable due to abuse, neglect, abandonment, or a similar basis found under state law; and
- Must be a 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.