Undocumented children and youth, under 21 years old, who are living in the United States without one or both or their parents, may be able to apply so long as they are able to show either abuse, neglect, or abandonment, or a similar basis under the law, such as the death of a parent.

Because Immigration Law defines a child as an unmarried person under 21.

However, the SIJ process begins with state law, and at what age a state considers a person an adult. In Massachusetts, it is 21 but some juvenile courts may only be able to issue a juvenile court order if you are under 18 years of age. So it is important that you check the requirements of your state even prior to turning 18.

Since the SIJ process involves several different government agencies with varying processing times, it is best to start early in order to avoid missing the deadlines. Depending on country of origin, there may also be wait times associated with the Visa Bulletin before you can file for the green card.

No, it only has to be one parent.

Abuse is defined as “the non-accidental commissions of any act by a caretaker…which causes or creates a substantial risk or emotional injury.” 

Some examples of physical abuse include beatings, sexual abuse, pinching, pushing, hair pulling, etc. 

In addition to physical harm, abuse can be emotional, such as witnessing domestic violence from one parent against the other.

Abandonment is statutorily defined as “being left without any provisions for support, without any person responsible to maintain care, custody, and control.”

Some examples are not paying child support, not spending time with the child, or lack of contact.

The Massachusetts Department of Children and Families defines neglect as the “failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability, and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping position”

Some examples are not paying child support, not contributing to medical care, or not putting effort into supporting their education.

Note: Poverty is not neglect!

No, you must be currently living in the United States. You cannot apply from outside the country to come to the United States on SIJ classification. You must be living in the United State both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.

It is in the best interest of the child’s health, education, development, safety, emotional well-being, and overall welfare not to return to their home country

“The best interest analysis is a child-centered one that focuses on the specific needs and interests of a child and how those might best be met”

Death of a parent

Yes, as long as your I-360 (petition for Special Immigrant Juvenile) has been approved. You are eligible to work while you wait for your Green Card using a Bona Fide Employment Authorization Document (BF EAD)

For applications from most countries the USCIS processing times for green cards are only a few months behind.

However, if you are from El Salvador, Guatemala, Honduras, or Mexico you need to wait an additional time before you are eligible to apply for your Green Card. This is because there is a backlog of cases for applicants from these countries. Although it is hard to predict with any certainty how long your wait will be, currently that wait is around 2 to 5 years.

You must be unmarried. This means you either: Have never been married; or were previously married, but the marriage ended in annulment, divorce, or death.

You can petition for certain family members, but not your biological or adoptive parents. This means that you cannot help even a parent who was not guilty of abuse, abandonment, or neglect, get legal status in the United States, when you eventually become a U.S. Citizen.

Even if you cannot help your family members obtain lawful status as a Special Immigrant Juvenile, they may have other avenues available to them. For example, if one of your parents was also abusive to the other, then the abused parent may qualify for VAWA or U Visa Nonimmigrant status.