Green Card Options for Special Immigrant Juveniles

1. What are the requirements for obtaining a green card as a special immigrant juvenile?


In order to obtain a green card as a special immigrant juvenile (SIJ), an individual must meet the following requirements:

1. The individual must be under 21 years of age.

2. The individual must have been declared dependent on a juvenile court located in the United States or have had their custody granted to a state agency, private agency, or person appointed by the court located in the United States.

3. The juvenile court must have found that the individual has been abused, neglected, or abandoned by one or both parents, or that reunification with either parent is not viable due to abuse, neglect, or abandonment.

4. The individual must be unmarried.

5. The individual must be a lawful permanent resident of the United States.

6. The individual must not be inadmissible to the United States for any reason.

2. How can I apply for a green card as a special immigrant juvenile?


To apply for a green card as a special immigrant juvenile, you must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to U.S. Citizenship and Immigration Services (USCIS). You must also provide evidence that you meet the eligibility requirements for this category of immigrant. This includes proof that you are a dependent minor who has been declared dependent on a state juvenile court or has been placed under the custody of an agency or department of a state. Additionally, you must provide evidence that it would not be in your best interest to be returned to your home country.

3. What are the eligibility requirements for a special immigrant juvenile adjustment of status?


In order to qualify for a special immigrant juvenile adjustment of status, an applicant must meet the following eligibility requirements:
1. The applicant must be unmarried and under the age of 21.
2. The applicant must have been declared dependent on a juvenile court located in the United States or have had a legal custody determination by a U.S. court and must have been granted long-term foster care or other long-term custodial care by a state or any other U.S entity or court.
3. The applicant must have been declared dependent on a juvenile court located in the United States or have had a legal custody determination by a U.S. court due to abuse, neglect, abandonment, or a similar basis found under state law.
4. The applicant must be unable to reunify with one or both of his/her parents due to abuse, neglect, abandonment, or a similar basis found under state law.
5. The applicant must be lawfully present in the U.S.
6. The applicant must have obtained an eligible immigrant visa classification through the special immigrant juvenile process (Form I-360).

4. Who is eligible for a special immigrant juvenile green card?


Special immigrant juvenile green cards are available to foreign-born children who have been declared by a state family court to be a dependent of the court or eligible for long-term foster care. The court must also determine that the child’s reunification with one or both of his or her parents is not viable due to abuse, neglect, abandonment, or a similar state of affairs found under state law. The applicant must also be under the age of 21 and unmarried. In addition, applicants must be present in the United States at the time of filing the application and at the time of adjudication.

5. What is the filing fee for a special immigrant juvenile green card application?


The filing fee for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is $435.

6. How long does it take to obtain a special immigrant juvenile green card?


The processing time for a special immigrant juvenile green card depends on the individual’s circumstances. Generally, the total wait time from the filing of the I-360 petition to receipt of the green card is 12 months or more.

7. Is there any waiver available for the filing fee for the special immigrant juvenile green card application?


No, there is no waiver available for the filing fee for the special immigrant juvenile green card application. The fee is currently $1,130 as of 2021.

8. Are there visas available for family members of a special immigrant juvenile?


Yes, family members of a special immigrant juvenile may be eligible for derivative visas. These visas are available for the unmarried children and spouses of the special immigrant juvenile, and their applications will be considered in conjunction with the primary applicant’s application.

9. Is it possible to obtain employment authorization with a special immigrant juvenile green card?


Yes, it is possible to obtain employment authorization with a special immigrant juvenile green card. Individuals holding this type of visa are eligible to apply for work authorization from U.S. Citizenship and Immigration Services (USCIS). The process is similar to other employment authorization requests, but individuals must provide documentation showing their status as a Special Immigrant Juvenile (SIJ).

10. Can I travel outside the U.S. with my special immigrant juvenile green card?


Yes, you can travel outside the U.S. with your special immigrant juvenile green card. However, you will need to obtain a re-entry permit before you go if you plan to stay outside the U.S. for more than six months or if you plan to travel multiple times. You must apply for the re-entry permit before you leave the U.S. and it can take several months to be approved.

11. Is there any way to speed up the process of obtaining a special immigrant juvenile green card?


Unfortunately, there is no way to speed up the process of obtaining a special immigrant juvenile green card. The process usually takes anywhere from six to nine months.

12. Are there any additional documents I need to submit with my application for an adjustment of status as a special immigrant juvenile?


Yes, depending on your specific case, you may need to provide additional documentation such as evidence of identity and a copy of a court order or other evidence showing that the requisite findings have been made by a state court. You also may need to submit evidence of eligibility for any waivers of inadmissibility or other forms relevant to your particular case.

13. What happens if my application for an adjustment of status as a special immigrant juvenile is denied?


If your application for an adjustment of status as a special immigrant juvenile is denied, you may file an appeal with the U.S. Board of Immigration Appeals. You may also have the option of re-filing the application with new evidence or information. You should consult an experienced immigration attorney to discuss all of your options.

14. Can I obtain citizenship through my special immigrant juvenile green card?


Yes, you can obtain U.S. citizenship through your Special Immigrant Juvenile green card if you meet the requirements for naturalization. To be eligible, you must have had a green card for at least 5 years, have lived in the U.S. for at least half of that time, and meet all other requirements for naturalization, including being able to speak, read, and write English.

15. Is it necessary to attend an interview as part of the process to obtain a special immigrant juvenile green card?


Yes, it is necessary to attend an interview as part of the process to obtain a special immigrant juvenile green card. The interview is conducted by a U.S. Citizenship and Immigration Services (USCIS) officer to verify that the applicant meets all the requirements for the visa.

16. What happens if I lose my special immigrant juvenile green card?


If you lose your special immigrant juvenile green card, you should report the loss or theft to the USCIS as soon as possible and request a replacement. You can file a Form I-90, Application to Replace Permanent Resident Card. This form can be found on the USCIS website. After submitting the form along with the required documents and fees, USCIS will review your application and process your request for a new card.

17. Are there any circumstances in which I may be able to apply for permanent residence through another avenue following receipt of my special immigrant juvenile green card?


Yes, depending on your circumstances. You may be able to adjust your status to become a lawful permanent resident through family-based immigration, employment-based immigration, the VAWA self-petitioning process, or the Cuban Adjustment Act.

18. Are there any restrictions on working outside the U.S with my special immigrant juvenile green card?


Yes, there are restrictions on working outside the U.S. with a special immigrant juvenile green card. You are only allowed to work in the U.S. and may not take a job in another country. You must also maintain your legal residence in the U.S., meaning that you must stay in the U.S. for at least 6 months out of every year. If you need to travel outside the U.S., you must obtain a re-entry permit from USCIS prior to leaving the country.

19. How long is my special immigrant juvenile green card valid for?


The validity of your special immigrant juvenile green card depends on the type of card you are issued. Permanent Resident Cards for those under 18 are valid for 10 years. After 10 years, you will have to apply for a renewal.

20. Will I be able to become a U.S citizen if I obtained my special immigrant juvenile green card through an adjustment of status process?


Yes, you may be eligible to become a US citizen if you obtained a special immigrant juvenile green card through an adjustment of status process. To apply for US citizenship, you must meet certain eligibility requirements, including being 18 years of age or older, being a permanent resident for at least five years, having good moral character, and passing the English and civics tests. You must also submit Form N-400, Application for Naturalization.