Special Immigrant Juvenile Status (SIJS) is an immigration classification that provides a ray of hope for young people who have suffered abuse and neglect at home and need a pathway to permanent resident status. State laws affecting this classification differ, allowing individuals under 21 to qualify for SIJS in certain states, while more restrictive states set the age limit at 18 or 19.
At Odunlami Law, we represent immigrants in New Jersey and throughout all 50 states who are facing complex and high-stakes immigration law challenges. Whether you have aged out of SIJS or are still eligible for its benefits, we can provide you with the guidance you need to navigate this complex system and achieve the best outcome available to you.
Our extensive experience and deep legal knowledge help us make our clients’ immigration goals a reality. Our personal background in immigration gives us an intimate understanding of the emotional stakes underlying every legal matter we handle.
How SIJS Age-Out Policies Vary by State
The state you live in plays a crucial role in your SIJS eligibility, because state laws establish the criteria for juvenile court orders related to abuse, neglect, and abandonment. State laws also dictate the age limits and the processes for obtaining such orders.
The following is a brief overview of each state’s laws regarding SIJS eligibility requirements as they pertain to age. Each entry lists when the predicate order (the juvenile court order determining abuse, neglect, or abandonment) must be issued:
Alabama: The predicate order must be issued before age 19. | Alaska: The predicate order must be issued before age 18. |
Arizona: The predicate order must be issued before age 18. | Arkansas: The predicate order must be issued before age 18. |
California: The predicate order must be issued before age 21. | Colorado: The predicate order must be issued before age 21. |
Connecticut: The predicate order must be issued before age 21, but applicant must be dependent on a competent caregiver and consent to ongoing guardianship after the age of 18. | Delaware: The predicate order must be issued before age 18. |
Florida: The petition for a predicate order must be filed before age 18. If this criteria is met, jurisdiction may continue until age 22. | Georgia: The predicate order must be issued before age 18. |
Hawaii: The predicate order must be issued before age 21, but the abuse, neglect or abandonment must have occurred before age 18. | Idaho: The predicate order must be issued before age 18. |
Illinois: The predicate order must be issued before age 21. | Indiana: The predicate order must be issued before age 18, but may be extended to age 22 if a guardianship extends beyond the applicant’s 18th birthday. |
Iowa: The predicate order must be issued before age 18. | Kansas: The predicate order must be issued before age 18. |
Kentucky: The predicate order must be issued before age 18. | Louisiana: The predicate order must be issued before age 18. |
Maine: The predicate order must be issued before age 21. | Maryland: The predicate order must be issued before age 21, but the abuse, neglect or abandonment must have occurred before age 18. |
Massachusetts: The predicate order must be issued before age 21. | Michigan: The predicate order must be issued before age 18. |
Minnesota: The predicate order must be issued before age 21, but applicant’s over 18 must be classified as “at-risk juveniles”—unmarried youths between 18 and 21 who are potentially eligible for SIJS. | Mississippi: The predicate order must be issued before age 21. |
Missouri: The predicate order must be issued before age 18. | Montana: The predicate order must be issued before age 18. |
Nebraska: The predicate order must be issued before age 19. | Nevada: The predicate order must be issued before age 21. |
New Hampshire: The predicate order must be issued before age 18. | New Jersey: The predicate order must be issued before age 21, but applicants over 18 must be able to demonstrate they are financially dependent and within a parent’s “sphere of influence.” |
New Mexico: The predicate order must be issued before age 21. | New York: The predicate order must be issued before age 21, but the abuse, neglect or abandonment must have occurred before age 18. |
North Carolina: The predicate order must be issued before age 18. | North Dakota: The predicate order must be issued before age 18. |
Ohio: The predicate order must be issued before age 18, but can be extended to age 21 if the applicant was adjudicated as an “unruly child” prior to age 18. | Oklahoma: The predicate order must be issued before age 18. |
Oregon: The predicate order must be issued before age 21. | Pennsylvania: The predicate order must be issued before age 18. |
Rhode Island: The predicate order must be issued before age 18. | South Carolina: The predicate order must be issued before age 18. |
South Dakota: The predicate order must be issued before age 18. | Tennessee: The predicate order must be issued before age 18. |
Texas: The predicate order must be issued before age 18. | Utah: The predicate order must be issued before age 18. |
Vermont: The predicate order must be issued before age 21. | Virginia: The predicate order must be issued before age 19, but can be extended to 21 if a court with jurisdiction deems it necessary. |
Washington: The predicate order must be issued before age 21. | West Virginia: The predicate order must be issued before age 18. |
Wisconsin: The predicate order must be issued before age 18. | Wyoming: The predicate order must be issued before age 18. |
Immigration laws are fluid in the U.S., and the SIJS age–out in the state you live in may change. Always talk with an experienced SIJS lawyer who remains up to date on all applicable laws before making any important decisions about your immigration status.
What Does “Aging Out” of SIJS Mean?
To age out of SIJS means that you have passed the age at which your state’s family or juvenile court has the authority to issue the necessary findings for SIJS eligibility. Whether that age is 18, 19 or 21 in your state, aging out doesn’t necessarily mean the end of your immigration options.
An experienced immigration lawyer can help you explore alternative forms of relief, such as asylum, family-based petitions, or other humanitarian programs. It’s important to seek legal advice promptly to understand how special immigrant juvenile status age limits apply in your situation and to take the necessary steps forward.
Legal Challenges for SIJS Applicants Aging Out
When SIJS applicants approach the age limit set by their state’s laws, they face unique legal challenges that can complicate or even jeopardize their eligibility. Once an individual surpasses the designated age threshold, the family or juvenile court loses authority to issue the necessary predicate order, potentially eliminating the applicant’s opportunity for SIJS.
Additionally, courts may require substantial evidence of dependency, guardianship, or ongoing caregiving arrangements, particularly for applicants aged 18 or older.
SIJS applicants nearing the age-out threshold may encounter several other significant legal hurdles:
Appeal Options
If an SIJS petition is denied, applicants may have the right to file a motion to reopen or reconsider the decision with USCIS. However, the availability and specifics of appeal options can vary depending on individual circumstances and the reasons for denial. The appeal must be filed within 30 days of the denial notice.
It’s important to note that pursuing an appeal can be time-consuming and may not always result in a favorable outcome. In some cases, it may be more practical to explore alternative immigration options or remedies. Consulting with an immigration attorney can help determine the best course of action based on your specific circumstances.
Deferred Action
For SIJS beneficiaries who cannot apply for adjustment of status due to visa unavailability, USCIS may grant deferred action. This discretionary act defers removal proceedings and can provide eligibility for work authorization. Deferred action is typically granted for a period of four years and is renewable if visa numbers remain unavailable. Importantly, deferred action does not confer lawful status but offers temporary protection from deportation and the ability to work legally.
SIJS Backlog
The SIJS program has experienced significant backlogs, with thousands of approved applicants awaiting available visa numbers. This delay can extend the period during which applicants remain in a state of legal uncertainty, potentially impacting their ability to work, access education, or plan for the future.
Navigating these challenges requires timely and informed action. At Odunlami Law, we are committed to providing comprehensive legal support to SIJS applicants, helping them understand their rights, explore available options, and effectively address any obstacles that arise during the immigration process.
How Odunlami Law Can Protect Your SIJS Case
For many, obtaining SIJS status is the first step toward obtaining permanent resident status (a green card) and even full U.S. citizenship.
A skilled immigration lawyer can help you understand how to get a green card through SIJS, and guide you through all of the ensuing steps of the immigration process.
At Odunlami Law, our focus is excellence in immigration law, but we also understand the personal side of immigration—the emotions, challenges, and life-altering decisions that come with the process. When you are ready to talk with an experienced immigration law attorney about SIJS eligibility, obtaining a green card through SIJS, or related topics, contact us today.
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