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Overview
To obtain a green card, some Immigrant youths can apply for a Special Immigrant Juvenile Status (SIJS) which offers a path to a green card for undocumented youths. To obtain SIJS prior to applying for a green card, youth applicants would need a valid court order stating the following: they are a dependent on the court or in the custody of a guardian appointed by the court, they cannot reunify with one or both parents due to abuse/abandonment/neglect or a similar case under state law, and it is not in their best interest to return to their home countries. Immigrant youth must also be under 21, unmarried, and be living in the United States; however, some juvenile courts may only issue a juvenile court order if a youth is under 18 years old. For more information on each of these steps, USCIS has a website page that explains eligibility for SIJ status and what to do during and after filing. Although youths with SIJS can apply for a green card, there is a limit on the amount of applicants who can obtain a green card through this program each year, as well as a “per country” cap, where applicants will also have a limit based on the country they are from. In fact on March 2023, the Department of State (DOS) issued a notice detailing changes to its interpretation of the Immigration & Nationality Act (INA) provision with respect to the availability of visas in categories subjected to an annual limit, and thus shifted visa availability significantly since April 2023.
How to Obtain SIJ and Visa Priority Date
To adjust status as a Special Immigrant Juvenile (SIJ), an immigrant youth must meet the following criterias: they must be eligible to adjust status, have a visa that they can use right away, and show that they are deserving of favorable exercise of discretion. It is especially crucial for SIJ youths to have a visa directly available to them before USCIS or an immigration court can decide on their I-485 applications (application for adjustment status), and they can check for a priority date that is current in a given month to see their visa availability. The priority date (also referred as “Final Action Date”) is the date in which Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant application) was filed, with the date located on a receipt or approval notice. To check if a client’s priority date is current, the State Department’s website has a chart that shows availability for different types of visas and countries. This visa bulletin also shows which visas are backlogged or current, and it also tracks progress until a priority date becomes current. Finally, as per the Notice that the DOS issued on March 2023 about the changing interpretation of the INA for visa allocation, there is no longer a separate column for El Salvador, Guatemala, and Honduras when viewing the visa charts on the DOS Website, and they are now located under “All Chargeability Areas Except Those Listed”. For more details on how to read the charts to find the priority date on the DOS website, the Immigrant Legal Resource Center (ILRC) has a guide with example scenarios. Finally, if a SIJ youth’s priority date is not current, they may still be able to file an I-485. The ILRC guide also provides more details on how a SIJ youth might still be able to apply for adjustment status if their priority date is not current.
Some Recommendations for Visa Backlog
Finally, there are steps that can be taken to protect SIJ youths considering the visa backlog, such as filing an I-360 and I-485 as quickly as possible (especially after state court findings have been made, and after visa is current), checking visa bulletin monthly, not getting married until their I-360 has been adjudicated, and more. The ILRC guide also contains a more comprehensive list of all the steps that can be taken for the visa backlog.
If you have any more questions and need help regarding SIJ status or Green Card Based on SIJ, or any other immigration matters, contact Wilson Immigration on our website, or call us at (415) 527-5886.