Who this is for
- Young people who are under 21 and unmarried when the I-360 is filed
- Who are living in the United States
- Who have a state juvenile court order finding they cannot reunify with one or both parents due to abuse, neglect, abandonment or a similar basis under state law
- Where the court also found that returning to their home country or their parents' country is not in their best interest
- Who were declared dependent on the court or placed in the custody of a state agency, a person or an entity appointed by the court
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | The SIJ petition the young person files with USCIS, together with the state court order. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used to apply for the green card once the I-360 is approved or filed together and a visa number is available. |
| I-765 | Application for Employment Authorization | Used to request a work permit when the person has a pending I-485 or has been granted deferred action. |
| I-912 | Request for Fee Waiver | Can be used to ask USCIS to waive fees on certain related forms for people who cannot pay. |
Step by step
- Go to state juvenile courtA state court that handles custody, dependency, guardianship or similar matters must make the required findings about the parents, the young person's best interest and custody or dependency.
- Get the court order with findingsThe order generally needs to state the findings clearly and show they are based on state law, with the factual basis for them.
- File Form I-360 before age 21The young person files the I-360 with USCIS, with the court order and supporting evidence. USCIS reviews whether the court order meets federal requirements.
- Wait for a visa numberSIJ is part of the EB-4 group, which has yearly limits. The person usually must wait until their priority date is current in the Visa Bulletin before filing the I-485.
- File Form I-485When a visa is available, the person applies for the green card, with biometrics, a medical exam and possibly an interview.
- Receive the decisionIf approved, the person becomes a lawful permanent resident and can later explore citizenship when eligible.
Documents usually requested
- State juvenile court order with the required findings
- Supporting court records, such as the petition or evidence the court relied on
- Birth certificate showing age and parents' names
- Passport or other identity document
- Proof of entry and immigration records, if any
- Proof of being under 21 and unmarried when filing
- Medical exam record (Form I-693) for the green card step
- Certified English translations of foreign-language documents
How long it takes
Timing depends on how quickly the state court case moves, how long USCIS takes to decide the I-360, and, often most important, whether an EB-4 visa number is available. Check egov.uscis.gov/processing-times/ and the Visa Bulletin for current information.
Government filing fees
The SIJ Form I-360 has generally been fee-exempt, while the I-485 and related forms may carry fees that can sometimes be waived. Fees are set by USCIS and change, so check the fee schedule at uscis.gov/g-1055.
Working and traveling while you wait
A young person with a pending I-485 or with deferred action can generally ask for a work permit. Traveling abroad before the green card is approved can create serious problems, so legal advice before any travel is important.
Common mistakes to avoid
- Waiting too long, so the young person turns 21 before the I-360 is filed
- A court order that lacks the required findings or does not show their basis under state law
- Getting married before the green card is approved, which generally ends SIJ eligibility
- Assuming SIJ approval means a green card right away, without checking visa availability
- Missing immigration court dates while the SIJ case is pending, if the young person is in removal proceedings
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
What is the age limit for SIJS?
The young person must generally be under 21 when the Form I-360 is filed. State courts may have their own age limits for the juvenile case, which can be lower, so timing matters. An attorney can confirm how the age rules apply in a particular state.
Does the child need to be abused by both parents?
No, the court finding can be about one or both parents. The court must find that reunification with at least one parent is not viable because of abuse, neglect, abandonment or a similar basis under state law.
Can I get deferred action with SIJ status?
Possibly. USCIS had a policy of considering deferred action for people with approved SIJ petitions who were waiting for a visa, then ended it in 2025, and a federal court later blocked that change in part. Because this area is still being litigated, check the current USCIS SIJ page.
Can I sponsor my parents later?
No. A person who gets a green card through SIJ can never use that status to give immigration benefits to their natural or prior adoptive parents. They may be able to sponsor other relatives later, such as a spouse.
Can I apply for SIJS if I am in immigration court?
Yes, people in removal proceedings can generally pursue SIJ. The immigration court case continues alongside it, so it is important to keep attending hearings and to tell the court about the SIJ case.
Official sources
Last reviewed: October 2026
These guides have been reviewed by MyUSVisa counsel. They are provided as is: immigration laws and regulations change often, and like any written communication, this information may contain errors or typos. MyUSVisa is not a law firm, does not provide legal advice and is not affiliated with USCIS or any government agency; reading a guide does not create an attorney–client relationship. Only the information on the official USCIS website (uscis.gov) applies — always verify it there, especially if in doubt.