The SIJ status program was created by USCIS to help foreign born children remain and work in the United States in those instances where they have been abused, abandoned or neglected by their parents or guardians. A prerequisite to obtaining SIJ status is the court’s issuance of a Special Findings Order. Only a court which has an independent basis for asserting jurisdiction over the child has the authority to issue the Special Findings Order. Consequently, these findings are often made in the context of an adoption or guardianship proceeding, although the court has the authority to issue such an order any time it has jurisdiction over the child – which could even be in the context of a juvenile delinquency proceeding. Once the Special Findings Order issues, you’ll need to retain immigration counsel to petition USCIS for an adjustment of your immigration status.
While the USCIS requirements for obtaining Special Immigrant Juvenile Status are the same throughout the United States, your state’s adoption/guardianship requirements will govern that aspect of the process. A child who is before a state court, typically in the context of an adoption or guardianship proceeding, can petition their state court for a “special findings order” if they have been abandoned, neglected or abused by one or both parents (see the additional requirements discussed below).
A child who obtains SIJ status is in the position to become a lawful permanent resident regardless of their unlawful entry into the U.S.
