Special Immigrant Juvenile Status in Pomona: Green Cards for Abused and Abandoned Youth
Immigration protection for vulnerable children
Quick Answer
Special Immigrant Juvenile Status (SIJS) provides a path to a green card for children who have been abused, neglected, or abandoned by one or both parents. Pomona youth in foster care, guardianship, or other protective arrangements may qualify for this important protection.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Pomona and the surrounding Inland Empire communities have many vulnerable youth who may qualify for Special Immigrant Juvenile Status. SoCal Immigration Services provides Arabic-speaking guidance for families and guardians seeking to protect children through SIJS, coordinating with juvenile courts and immigration authorities.
What Is Special Immigrant Juvenile Status?
Purpose:
• Protect children who cannot reunify with parents due to abuse, neglect, or abandonment
• Provide stable immigration status for vulnerable youth
• Allow path to citizenship
Key Features:
• Based on state court findings, not just immigration claims
• Requires coordination between state courts and USCIS
• Available regardless of how child entered the U.S.
• No requirement to show entry date or manner
Who Qualifies for SIJS?
- •Present in the United States
- •Unmarried
- •Under 21 years of age (at time of filing I-360)
- •Subject to a juvenile court order placing them in custody of state agency, individual, or entity
- •Court found reunification with one or both parents not viable due to abuse, neglect, abandonment, or similar basis
- •Court found it not in child's best interest to return to home country
- •USCIS consents to juvenile court jurisdiction (for immigration purposes)
The Two-Step SIJS Process
| Step | Where | What Happens |
|---|---|---|
| 1. Special Findings Order | State Juvenile Court | Court makes required findings about abuse/neglect/abandonment |
| 2. I-360 Petition | USCIS | File petition for SIJS classification |
| 3. I-485 Adjustment | USCIS | Apply for green card (may have visa backlog wait) |
State Court Special Findings
Required Findings:
1. Child is dependent on the court, or in custody of state agency/department, or individual/entity appointed by court
2. Reunification with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis under state law
3. It is not in child's best interest to be returned to their home country (or country of last habitual residence)
Court Types:
• Juvenile dependency court
• Family court (guardianship, custody)
• Probate court (guardianship)
• Any court with jurisdiction over custody
Types of Court Orders That Qualify
- •Foster care placement through dependency court
- •Legal guardianship (relative or non-relative)
- •Custody order to one parent (if other parent abused/neglected/abandoned)
- •Commitment to state custody
- •Placement with individual appointed by court
- •Long-term foster care
Filing the I-360 SIJS Petition
What to File:
• Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
• State court order with special findings
• Birth certificate
• Evidence of age (passport, school records)
• Filing fee (currently waived for SIJS)
USCIS Review:
• Reviews whether court findings meet federal requirements
• May request additional evidence
• Issues approval notice if requirements met
• Approval valid for certain period
Adjustment of Status to Green Card
If Visa Immediately Available:
• File I-485 immediately
• Can include work permit (I-765) request
• Interview typically scheduled
• Green card issued if approved
If Visa Backlogged:
• Some countries have visa backlogs for SIJS category
• Must wait until priority date is current
• I-360 approval protects status while waiting
• Can request work permit while waiting
Age-Out Protection
The Rules:
• Must be under 21 and unmarried when I-360 filed
• Age 'freezes' when I-360 is filed
• Can turn 21 while case pending without losing eligibility
• Must remain unmarried until green card approved
Critical Timing:
• State court proceedings should begin well before 21st birthday
• Some states have lower age limits (18 in some states)
• File I-360 as soon as court order obtained
• Don't delay - age issues cannot be undone
SIJS and Family Reunification
The Restriction:
• SIJS recipients CANNOT petition for parents who abused/neglected/abandoned them
• This is permanent - even after becoming citizen
• Applies to natural parents, not adoptive
Can Still Petition For:
• Spouse (after becoming LPR or citizen)
• Children (after becoming LPR or citizen)
• Siblings (after becoming citizen)
• Parents who did NOT abuse/neglect/abandon (complicated)
Common Challenges in SIJS Cases
- •Aging out before completing process
- •State court unfamiliar with SIJS requirements
- •Insufficient evidence of abuse/neglect/abandonment
- •Parent contests the findings
- •Marriage before green card approved
- •Criminal history issues
- •Prior immigration violations
- •State court jurisdiction questions
- •Visa backlog delays
Why Pomona Families Choose Us
• We coordinate with juvenile courts on special findings orders
• Arabic-speaking staff explain the process to families clearly
• We prepare thorough I-360 petitions with proper documentation
• We monitor visa bulletin for backlogged cases
• We handle complex cases involving prior immigration issues
• We work with social workers and child advocates
FAQFrequently Asked Questions
Q:Can a child apply for SIJS if they entered the U.S. illegally?
A: Yes, SIJS is available regardless of how the child entered the United States. Unlike many other green card categories, there is no requirement to have entered legally. The focus is on the child's current situation and the court's findings about abuse, neglect, or abandonment.
Q:What if the child is already 18 but under 21?
A: Federal law allows SIJS for those under 21, but state law varies. Some states' juvenile courts only have jurisdiction over minors under 18. California allows juvenile court jurisdiction for SIJS purposes until age 21 in many circumstances. Timing is critical.
Q:Can a child in SIJS proceedings work legally?
A: Once the I-360 is approved, the child can apply for an Employment Authorization Document (EAD) while waiting for the green card. If there's a visa backlog, work authorization can be renewed while waiting for the priority date to become current.
Q:What if only one parent abused/neglected the child?
A: SIJS only requires that reunification with ONE parent not be viable due to abuse, neglect, or abandonment. The child can still have a relationship with the other parent. The court makes findings about the parent(s) who caused the harm.
Q:How long does the SIJS process take?
A: The state court process varies by jurisdiction - weeks to months. I-360 processing typically takes 6-12 months. If a visa is immediately available, the green card can follow in 6-12 months. If backlogged, the wait can be years depending on country of birth.
Q:Can SIJS be revoked?
A: SIJS can be revoked if obtained through fraud, if the child marries before getting the green card, or if the underlying court order is vacated. It's important to maintain eligibility throughout the process and not marry until after the green card is approved.
Have Questions About SIJS?
If you're caring for a child who may qualify for Special Immigrant Juvenile Status, contact us for a confidential consultation. We can evaluate eligibility and guide you through the court and immigration process.