Special Immigrant Juvenile Status

Special Immigrant Juvenile Status is for young immigrants who cannot safely be reunited with one or both parents because of abuse, neglect, or abandonment.

It can lead to lawful permanent residence. Most immigration relief starts with the federal government. This one starts in state court.

How it works

There are two stages, and they involve two different court systems.

First, a state juvenile, family, or dependency court has to make three findings. That the young person is dependent on the court or in someone's custody. That they cannot be reunited with one or both parents because of abuse, neglect, or abandonment. And that returning to their home country is not in their best interest.

Second, with those findings in hand, a petition goes to USCIS. If it is approved, a green card may follow, though visa availability in this category can involve a wait.

Who this reaches

Usually a school counselor, a caseworker, a family law attorney, or a relative who has taken a child in finds this page and wonders what can be done.

If that describes you, timing matters most. Eligibility depends on the young person's age and on the juvenile court keeping jurisdiction, and both can run out. Ask early, even if you are not sure it applies.

Why coordination matters

The state court proceeding and the immigration case have to fit together. A family law attorney may obtain custody successfully without the findings the immigration petition requires, and by the time anyone notices, the window may have closed.

We work alongside family law counsel to make sure the order says what it needs to say. Ana Ortiz works primarily on these cases.