Can I Get Special Immigrant Juvenile Status?
For many undocumented children in the U.S., life is filled with uncertainty and fear. Some have suffered abuse, neglect, or abandonment by one or both parents, leaving them without stability or legal status. Some may have spent many years not knowing where their parents are. Fortunately, Special Immigrant Juvenile Status (SIJS) offers a pathway to protection and lawful permanent residency for these vulnerable young people.
If you or a child you care about needs help with SIJS, understanding the process is just the first step. With the guidance of an experienced Virginia immigration attorney — especially one who understands the challenges immigrant children face and works as a guardian ad litem — you can take the necessary steps to secure a safer, more stable future for a deserving young soul.
What is Special Immigrant Juvenile Status (SIJS)?
SIJS is a humanitarian immigration status available to undocumented children who have been abused, neglected, or abandoned by one or both parents. It provides a pathway to a green card and, ultimately, U.S. citizenship.
To qualify, the child must be under 21 years old when filing, be unmarried, and have a Virginia juvenile court order stating that they were mistreated by at least one parent. The court must also determine that the child cannot be reunified with the offending parent and that returning to their home country is not in the child’s best interest.
How to Get a Virginia Court Order for SIJS
Before applying for SIJS with U.S. Citizenship and Immigration Services (USCIS), a child must first get a state court order from the Virginia Juvenile and Domestic Relations District Court. The process typically begins when a guardian, family member, social worker, or attorney files a petition asking the court to determine that the child has been abandoned, abused, or neglected.
During the court hearing, a judge will review evidence, which may include testimony from the child, reports from social services, and other supporting documents. If the judge determines that the child meets the legal criteria, the judge will issue a written order with the necessary SIJS findings. This order does not grant immigration status on its own but is a required first step in the federal application process.
Does the SIJS Application Need to Be Completed Before Age 21?
Timing is critical in SIJS cases. The child must secure the Virginia state court order before turning 21. Once that is done, the SIJS petition must be filed before the child’s 21st birthday. Even if the immigration process takes longer, the child will still be eligible for SIJS as long as the application is submitted on time. If the child turns 21 before obtaining the state court order or before filing the SIJS petition, he or she will no longer qualify.
What If an SIJS Applicant Does Not Have a Birth Certificate or Social Security Number?
Many undocumented children do not have traditional IDs, but they can still prove their age in other ways. A passport, national ID card, or consular certificate from their home country may be acceptable. If those are unavailable, school records that list the child’s birthdate or medical records, including vaccination history, may serve as proof.
In cases where no official documents exist, sworn affidavits from family members or witnesses who can confirm the child’s age may be used. If necessary, the child must explain in a written statement why they do not have an ID and provide any supporting evidence available.
Contact a Fairfax, VA SIJS Attorney for a Free Consultation
For children who have already endured hardship, having a compassionate attorney — one who speaks the child’s language and who has experience representing children in troubling circumstances — can provide not just legal guidance, but also the reassurance that someone truly cares about their future.
If you or a loved one is eligible for Special Immigrant Juvenile Status, now is the time to act. Delaying the process could put your ability to stay in the U.S. at risk.
At The Estevez Group, PC, we are dedicated to protecting vulnerable immigrant children and guiding them toward a safer future. Call 703-829-5179 today for a free consultation with our Prince William County, VA immigration lawyer. We are here to help, in English, Spanish, and Portuguese.
