Top 5 Reasons SIJS Petitions Get Denied

Special immigration juvenile status (SIJS) petitions are often denied due to inadequate court findings, procedural mistakes, criminal history concerns, untimely filings, or misrepresentation. SIJS is a critical form of immigration relief for young people who have been abused, neglected, or abandoned by one or both parents and provides a pathway to lawful permanent residency.

At Odunlami Law, we help people pursue special immigrant juvenile status by making the most effective arguments and presenting compelling evidence while still respecting the privacy and emotional fragility of the families involved. As immigrants ourselves, we know the journey can be painful and frustrating, and we want to ease the burdens whenever possible.

Below are the five most common reasons SIJS petitions are denied:

Missing or Inadequate State Court Findings

USCIS will deny an SIJS petition if the juvenile court order does not include the required findings. The order must establish that:

• The child is dependent on the court or in the custody of an agency or individual appointed by the court;
• Reunification with one or both parents is not viable due to abuse, neglect, or abandonment;
• It is not in the child’s best interest to return to their country of origin.

To avoid this, every SIJS petition should be backed by a well-reasoned, fact-specific court order and documentary evidence, like affidavits, school or medical records, and social worker reports, corroborating the findings.

Procedural Errors and Filing Mistakes

USCIS is unforgiving when it comes to technical filing issues. Petitions can be denied for:

• Using outdated forms or incorrect editions.
• Missing signatures or required supporting documents.
• Filing before the court order is issued or after the deadlines pass.
• Ignoring USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

Even a strong case can fail on procedural grounds. Every detail counts, and all materials must be carefully reviewed and correctly submitted. Here’s how to prevent this:

• Use the most current forms and review instructions carefully.
• Have an experienced SIJS attorney double-check all filings.
• Submit petitions only after all requirements are fully met.
• Track and meet all USCIS deadlines strictly.

Juvenile Delinquency or Criminal History That Raises Red Flags

Although SIJS does not include a good moral character requirement, USCIS does review a minor’s background for public safety concerns. Arrests, gang involvement, or offenses involving drugs, violence, or theft can complicate an SIJS case and may prompt additional scrutiny.

Moreover, even if SIJS is approved, a criminal record can still prevent adjustment of status (Form I-485) — that is, obtaining a green card — because certain crimes create grounds of inadmissibility that SIJS does not waive.

If the minor has any interaction with law enforcement, even if it did not lead to a conviction, it is essential to:

• Disclose it fully;
• Provide complete court and police records;
• Work with legal counsel to explain or mitigate the issue in the petition.

Transparency is essential. Failing to disclose a past arrest or incident can harm the case more than the underlying conduct itself.

Aging Out or Filing Too Late

Timing is critical in SIJS cases. To qualify, the applicant must:

• Be under 21 years old on the date USCIS receives the Form I-360 petition;
• Be unmarried when the petition is filed and when USCIS makes a decision;
• Have a valid juvenile court order issued while the state court still had authority (jurisdiction) over the child. In some states, this jurisdiction ends at age 18, not 21.

If the petition is filed after the child’s 21st birthday or the juvenile court issues its order after losing jurisdiction, USCIS will deny the case.

To avoid this problem, families should act quickly and work with an experienced SIJS attorney who understands both federal deadlines and state court requirements.

Fraud or Misrepresentation

It is understandable to want the best possible outcome, but submitting false information, hiding important facts, or having inconsistencies in your petition can lead to denial and serious immigration consequences, including potential removal. USCIS carefully reviews every detail, including forms, court orders, and interviews, and even minor discrepancies can be viewed as intentional misrepresentation.

Being completely honest and ensuring your petition matches all supporting evidence is essential. If your background has complicated issues, it is far better to discuss them openly with your attorney. With proper guidance, you can address these concerns in a way that helps USCIS understand your situation rather than raising doubts.

Secure Your SIJS Petition with Odunlami Law

SIJS cases operate at the intersection of complex juvenile and immigration laws. Each step requires specialized legal knowledge, from obtaining the correct court order to preparing and submitting the federal petition. One mistake can cost a child their chance at safety and stability.

At Odunlami Law Firm, we coordinate with family courts, gather supporting evidence, and manage all filing requirements to maximize the chance of success. If you or someone you care for qualifies or is unsure about SIJS eligibility, do not risk denial due to avoidable mistakes. Contact Odunlami Law Firm today for a thorough assessment and skilled representation you can trust.