SIJS Lawyer for Immigrant Youth
If you are under 21 and a parent abused, neglected or abandoned you, Special Immigrant Juvenile Status (SIJS) can lead to a green card, even if you entered the U.S. without papers. We guide young people, parents, guardians and caregivers through both the state court case and the USCIS petition.
Massachusetts Bar since 2014 · AILA member · Consultations in English, Gujarati, Hindi, Punjabi and Spanish · Cases handled nationwide
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Key Facts
- For unmarried youth under 21
- State court findings come first
- Form I-360 fee: $250 (since 2025)
- Leads to a green card (EB-4)
- Massachusetts courts can act up to age 21
What Is Special Immigrant Juvenile Status?
SIJS is a humanitarian classification for children who cannot reunify with one or both parents because of abuse, neglect, abandonment or a similar reason under state law. It is a two-court process: a state court decides the child’s welfare, then USCIS decides the immigration petition. An approved SIJ petition lets the young person apply for permanent residence (a green card) once a visa number is available.
Path to a green card. An approved SIJ petition allows you to apply for permanent residence in the EB-4 category when a visa number is available.
Key grounds forgiven. SIJ applicants are exempt from several bars, including public charge and entering without inspection, and others can be waived.
Citizenship later. After five years as a permanent resident you can generally apply to become a U.S. citizen.
Do I Need a Lawyer for SIJS?
SIJS has strict age deadlines and needs the right wording in a state court order. A missing finding or a petition filed after the 21st birthday cannot be fixed later, so most families work with an attorney from the start.
Since 2025, USCIS has changed its deferred action policy for SIJ youth and added a new filing fee. We check the current rules for your filing date and explain the risks before anything is filed.
Who Qualifies for SIJS?
- Under 21 and unmarried on the day the I-360 petition is filed, and present in the United States.
- A state juvenile court order declaring you dependent on the court, or placing you in the custody of a state agency, an individual or an entity (such as a guardianship or custody order).
- Reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under state law.
- It is not in your best interest to return to your (or your parents’) country of nationality or last habitual residence.
- USCIS consents — the court order must be sought mainly for relief from abuse, neglect or abandonment, not just to obtain immigration status.
SIJS in Massachusetts
In Massachusetts, SIJS findings are usually requested from the Probate and Family Court, often in a guardianship, custody or complaint-in-equity case. Since Recinos v. Escobar (2016), Massachusetts courts can make SIJ findings for young people up to age 21. In other states the right court and the age limit differ, so we coordinate with local counsel where needed.
We prepare the evidence of abuse, neglect or abandonment, the proposed findings, and the affidavits the judge needs, then file the I-360 as soon as the order is signed.
The SIJS Process, Step by Step
- Consultation and screening — we review age, family history, prior immigration records and any court cases.
- State court case — guardianship, custody or another proper proceeding, with a request for special findings.
- Form I-360 petition — filed with USCIS with the court order and evidence, before the 21st birthday.
- Waiting for a visa number — the EB-4 category is backlogged for many countries; we track the monthly Visa Bulletin.
- Green card (Form I-485) — filed when your priority date is current, with any waivers needed.
- Citizenship — generally five years after becoming a permanent resident.
SIJS in 2026: What to Expect
- Deferred action has changed. In 2025 USCIS ended its 2022 policy of considering SIJ youth for deferred action and work permits. A federal court stayed that change in November 2025. In April 2026 USCIS issued a new policy ending deferred action for petitions filed on or after May 10, 2026, and the litigation is still on appeal. Whether you can get a work permit now depends on when your petition was filed.
- New $250 fee. Since 2025, federal law (H.R. 1) requires a $250 fee for the SIJ petition.
- Long green card waits. The EB-4 category has multi-year backlogs for many countries, so an approved I-360 may wait years before the green card stage.
- Removal risk. A pending or approved petition does not by itself stop removal. If you are in immigration court, tell us right away.
Check current figures on the State Department Visa Bulletin.
Can My Parents or Siblings Benefit?
No parent can ever get immigration status through a child’s SIJS — not even the parent who did not abuse or neglect the child. Siblings cannot be included in the petition either. Once the young person becomes a U.S. citizen, they may be able to petition for siblings in the future.
Documents We Will Ask For
- Birth certificate and passport or national ID
- Evidence of abuse, neglect or abandonment (school, medical, police or social-service records, affidavits)
- Proof of the caregiver’s relationship and address
- Any prior immigration documents, notices or court papers
- Records of any arrests or juvenile cases, even if dismissed
How much does SIJS cost?
USCIS charges a $250 fee for the SIJ petition, and the later green card application has its own fees or fee-waiver options. The legal fee depends on the state court work and the case history. We explain our fees clearly during your consultation, before you decide to hire us.
SIJS: Frequently Asked Questions
How old do you have to be for SIJS?
You must be under 21 and unmarried when the I-360 petition is filed. The state court order must also be issued while the court still has authority over you, which in Massachusetts can extend to age 21.
Can I apply for SIJS if I entered the U.S. illegally?
Yes. SIJ applicants are exempt from the bar for entering without inspection and from public charge, and many other grounds can be waived.
Can I work while my SIJS case is pending?
It depends on your filing date. Under the April 2026 USCIS policy, deferred action and work permits for SIJ youth are only considered for petitions filed before May 10, 2026, and the issue is still in court.
Do both parents have to have abused or neglected me?
No. Reunification must be not viable with one or both parents. Many SIJS cases involve one parent who abandoned or neglected the child.
Can my parents get a green card through my SIJS?
No. No parent can ever receive immigration status through a child’s SIJ classification.
How long does SIJS take?
The I-360 decision often takes months, but the green card stage can take years because the EB-4 visa category is backlogged for many countries.
Why Clients Choose Us?
Simple, guided process designed to make your immigration journey clear and manageable.
Strategy Calls
We Set Realistic Timelines
We File Carefully and Thoroughly
Ongoing Updates
Remote Capability
SIJS Lawyer – Ready to take the next step?
Every case starts with a careful review of your history and evidence. Book a consultation and we will explain your options, the risks and the realistic timeline before you decide anything.
Consultations are available in English, Gujarati, Hindi, Punjabi and Spanish, by phone, video or in person in Woburn.
