SIJS: protection for minors who suffered abuse, abandonment, or neglect.
Certain young people who cannot reunify with one or both parents due to abuse, abandonment, or neglect may seek this humanitarian classification toward residency. It requires a state court order first. We guide you nationwide.
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What is SIJS?
SIJS is a humanitarian classification for immigrant minors in the U.S. who were abused, abandoned, or neglected by one or both parents. It is special because it requires first a state court order (family, dependency, or guardianship) with specific findings, and then a petition with USCIS. Over time it can lead to residency, but the SIJS approval alone is not a green card.
Requirements and key points
SIJS has precise requirements worth understanding from the start:
State court order
A state court must find that you cannot reunify with one or both parents due to abuse, abandonment, or neglect, and that returning to your country is not in your best interest.
Age and marital status
You generally must be under 21 when filing and unmarried. Note: the state court sometimes loses jurisdiction before 21 (often at 18).
The visa wait
After SIJS is approved, you wait for a visa number (EB-4 category), which currently has a backlog of several years for all countries.
A protection with limits
SIJS never lets you petition for your parents' residency, not even the one who did not harm you.
The steps
State court order
The case is opened in the appropriate state court to obtain the order with the required findings.
Petition with USCIS (I-360)
Form I-360 is filed before turning 21. It has no filing fee.
Wait for the visa number
You wait for your priority date to become available in the Visa Bulletin (EB-4 category).
Apply for residency (I-485)
When a visa is available, Form I-485 is filed to obtain the green card.
Timelines and notices
The process can take several years in total: the state order, the USCIS petition, and above all the visa wait, which is currently long for all countries.
Notice: SIJS approval alone does not grant a green card nor an automatic work permit; the availability of deferred action and the work permit depends on current policy and ongoing litigation in 2025-2026. Also, the state court may lose jurisdiction before 21 depending on your state. Each case is specific; confirm it with your attorney.
Why Zavala Law Group
Immigration is a federal matter, so we represent cases throughout the United States. We are a 100% remote, bilingual firm: you can work with us from wherever you are, in Spanish or English. Attorney Salomón Zavala directs your case together with our immigration team, and we offer payment plans so cost is not the obstacle.
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