Special Immigrant Juvenile Status (SIJS) is a form of immigration relief designed to protect vulnerable minors in the U.S. who have been abused, neglected, or abandoned by one or both of their parents. If a minor is granted SIJS, it opens the door to lawful permanent residency (a green card) through a process called adjustment of status.
Eligibility for Adjustment of Special Immigrant Juvenile Status
Special Immigrant Juvenile Status beneficiaries are eligible to apply for adjustment of status to become lawful permanent residents once specific criteria are met. Unlike other immigration pathways, SIJS applicants benefit from certain legal provisions that make them eligible even if they entered the U.S. without inspection.
Below are the key criteria for eligibility:
Visa Availability (EB-4 Category)
SIJS recipients are eligible to apply for a green card under the EB-4 visa category, which is reserved for special immigrants, including juveniles. However, before applying, a visa must be available under this category. Sometimes, there are backlogs based on the applicant’s country of origin, so checking the current visa bulletin is crucial.
If a visa is immediately available, applicants may be able to file their SIJS-based Adjustment of Status form (Form I-485) concurrently when they first submit their SIJS petition (Form I-360) or while their SIJS petition is still pending. However, the SIJS petition will have to be approved first before moving forward with the adjustment process.
Under 21 and Unmarried
SIJS beneficiaries must be under 21 years old and unmarried at the time of filing for adjustment of status. If you turn 21 while your adjustment of status application is pending, you generally will not lose eligibility, but applying before you age out is highly recommended.
Physical Presence in the U.S.
You must be physically present in the United States at the time you apply for adjustment of status. This means that if you leave the U.S. without proper authorization, it may affect your eligibility.
Applying for SIJS Adjustment of Status
If you are a beneficiary of Special Immigrant Juvenile Status (SIJS), you will be classified under the SL6 green card category when applying for adjustment of status. It is crucial to file your application as soon as your priority date permits, usually when your Form I-360 is approved. Delaying your application could mean that the visa cap for your category fills up, which may extend your wait.
Along with a completed Form I-485, there are a few important supporting documents you will need to gather. When applying for your special immigrant juvenile status green card, you must submit the following:
- Two passport-style photographs: These must meet USCIS guidelines.
- Proof of identity: A government-issued ID such as a passport or national ID card.
- Birth certificate or proof of age: Essential to demonstrate eligibility based on age.
- SIJS Approval Notice: A copy of your approved Form I-360.
- Medical Examination Report (Form I-693): A completed and signed medical exam form from an authorized physician.
Once your Form I-485 and supporting documents are submitted, USCIS will review your application. Make sure all documentation is complete and accurate to avoid delays or denials. Processing times may vary, so it is important to monitor your application status and respond promptly to any USCIS requests for additional information or interviews.
Speak With An Immigration Attorney at Odunlami Law
If you are an SIJS beneficiary seeking assistance with your adjustment of status application, we invite you to contact Odunlami Law. We represent clients nationwide, providing experienced legal guidance to help make your path to permanent residency as smooth as possible. Schedule a consultation with an SIJS lawyer today to learn more about how we can help you throughout the adjustment of status and SIJS process.
