SIJS – Federal Law Requirements

The Applicant:

• 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.