The process of obtaining Special Immigrant Juvenile Status (SIJS) takes anywhere from six months to about a year. However, this timeframe can vary depending on the complexity of the case, the backlog at the local USCIS branch, and whether the applicant is from a country with a visa backlog.
SIJS is a classification made available by immigration authorities to help protect young people who have been abused, neglected, or abandoned by at least one parent. At Odunlami Law, we know just how sensitive these cases are and want to do everything we can to make sure the government has what it needs to adjudicate the I-360 petition as quickly as possible.
An Overview of the Process to Obtain SIJS
Filing the SIJS Petition Form I-360
Filing Form I-360 to USCIS for SIJS classification is often the most time-consuming part of the process. Currently, USCIS processing times for I-360 petitions can range from 6 to 18 months. Thorough and well-organized documentation can facilitate a quicker process. However, if evidence is insufficient or raises questions, USCIS may issue a Request for Evidence (RFE), further delaying the processing time
Obtaining the Court Order
The applicant must obtain a state court order declaring them dependent on the court or in the custody of a state agency or someone appointed by the court, such as foster care. The court must also find that it is not in their best interest to return to their country of origin, and reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
Because family courts are often backlogged, it is important to start the process well before the young person reaches the age of 21. However, the exact age can vary depending on the state.
Filing the SIJS Petition Form I-360
Filing Form I-360 to USCIS for SIJS classification is often the most time-consuming part of the process. Currently, USCIS processing times for I-360 petitions can range from 6 to 18 months. Thorough and well-organized documentation can facilitate a quicker process. However, if evidence is insufficient or raises questions, USCIS may issue a Request for Evidence (RFE), further delaying the processing time
Obtaining the Court Order
The applicant must obtain a state court order declaring them dependent on the court or in the custody of a state agency or someone appointed by the court, such as foster care. The court must also find that it is not in their best interest to return to their country of origin, and reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
Because family courts are often backlogged, it is important to start the process well before the young person reaches the age of 21. However, the exact age can vary depending on the state.
Waiting for Visa Availability
If the SIJS petition is approved, the applicant may need to wait for a visa number to become available, depending on their country of origin. The SIJS backlog is a long waiting period that some applicants face after their petition is approved but before they can apply for a Green Card.
Adjustment of Status: Form I-485
Once a visa is available, applicants can file Form I-485 to adjust their status and obtain a Green Card. However, as noted above, if they come from a country with a backlog of Green Card applicants due to annual visa caps, they may have to wait several months or even years.
Contact Odunlami Law Firm for Assistance with Your SIJS Application
Odunlami Law wants to help everyone achieve their immigration goals for themselves and their loved ones. We can help you obtain Special Immigrant Juvenile Status for yourself or a family member, guiding you through every stage of the process. If you or someone you know might qualify, we urge you to contact an experienced SIJS lawyer at Odunlami Law today. Don’t wait longer than you have to; let us help.
