What is SIJ (Special Immigrant Juvenile)?
SIJ is a special immigration category in American immigration law for children who meet specific requirements. When the appropriate conditions are met, this category allows for obtaining a Green Card (permanent residence).
Today, the SIJ process has become a complex structure that does not consist of just making an application; it must be managed strategically along with state court processes, federal applications, waiting periods, and current immigration policies.
SIJ is one of the “special immigrant” categories within the American immigration system. This concept is not unique to children. For example, certain individuals who supported the US in Afghanistan and Amerasian children born to American soldiers during the Vietnam War have also been evaluated under this scope.
The basic logic of SIJ is as follows: A child who is present in the US and whose reunification with their family in their own country is not possible can apply for a Green Card if this situation is determined by a court order.
This situation usually stems from the following reasons:
Abandonment
Abuse or violence
Neglect
These situations are determined and officially ruled upon by the family court in the state of residence.
SIJ Process and Age Limit
The SIJ process begins in the state court, and one of the most critical factors is which state the applicant is located in.
This is because the age limit varies by state:
In states such as New York, New Jersey, California, Illinois, Massachusetts, and Washington, the age limit is applied as 21.
In states like Texas, Florida, Tennessee, Georgia, and North Carolina, this limit is generally accepted as 18.
Therefore, choosing the correct state is one of the most critical stages of the process.
Additionally, for the court to establish jurisdiction, the applicant must have lived in that state for a certain period. For example, this period is 6 months for New Jersey. A newly relocated person cannot apply immediately. For this reason, the SIJ process requires planning.
Court Process: Guardian and Decision Stage
When an application is made to the court:
A guardian may be appointed for the applicant.
This person can be a relative or a trusted acquaintance.
Alternatively, the court may assign the legal responsibility of the individual to an institution.
For individuals in the 18–19 age range, this process generally does not create a structure that severely restricts freedom.
Court duration: Generally 3 to 6 months.
At the end of this process, the court officially determines that reunification with the family is not possible and that the individual is in need of protection.
Federal Stage: I-360 Application and USCIS Process
After the court order is obtained, the process moves to the federal stage. In this stage:
The applicant must apply before turning 21, or 18 in some states.
The application is made to USCIS using the Form I-360.
The court order is attached to the file.
USCIS reviews the application and approves it after a certain period.
Work Permit in SIJ
One of the most critical and most misunderstood issues in the SIJ process is the work permit.
Important point: A work permit cannot be obtained directly through SIJ.
Even if the I-360 is approved, a work permit is not granted until reaching the Green Card stage (I-485 application).
In some cases, asylum can be brought into play to obtain the work permit in advance.
This situation directly affects the planning of the process.
When Does Asylum Come into Play in SIJ Cases?
Looking at the circumstances leading to SIJ, the following elements are seen in most files:
Domestic violence, abuse, neglect, abandonment, and in some cases, discrimination or social pressure.
Such situations can also be evaluated in terms of asylum in some files.
The critical point here is this: Asylum is not a mandatory application that must be filed in every case. If:
The applicant truly meets the asylum conditions , especially if they can be evaluated within the scope of a “particular social group”,
The file carries a certain level of legal seriousness,
In this case, an asylum application can be made strategically. The purpose of this strategy is to gain time, benefit from the court calendar, and avoid deportation.
For example, in practice, a hearing date for a file opened in 2026 can be given for the year 2029. This waiting process contributes to the advancement of the priority date and allows the person to get closer to their Green Card process.
Additionally, when an asylum application remains “pending” for a certain period, it becomes possible to obtain a work permit (EAD). Therefore, asylum is not a mandatory path in every case, but an option that can be evaluated strategically when conditions are suitable.
SIJ Green Card Process: Priority Date and EB-4 Category
In an SIJ application, the Green Card is not granted immediately after Form I-360 is approved by USCIS. This is because the SIJ category is limited by an annual quota. From this stage onward, the process progresses as follows:
The date the I-360 application is made is accepted as the applicant’s priority date. Based on this date, the applicant enters the queue under the EB-4 category.
The Green Card process is monitored through the Visa Bulletin, which is published every month.
When the applicant’s priority date becomes current, they can move to the next stage and apply for a Green Card.
Although the waiting period varies depending on demand, it is observed that this period is generally between 2 and 4 years in SIJ applications.
Approach to SIJ and Changing Policies During the Trump Era
The approach to SIJ is stricter during the Trump era.
It is believed that the SIJ system is being abused.
Applications between the ages of 18–21 are viewed with more suspicion.
The most important change: Deferred Action has been abolished.
Result: Applicants are left unprotected, immigration court processes are being initiated, and the risk of detention has increased.
Detention and Habeas Corpus Process in SIJ
In case of detention, a bond normally comes into question; however, in practice, bond is often not granted. In this situation, what needs to be done is:
Moving the file to the federal court.
Making a Habeas Corpus application.
An important advantage for individuals with an SIJ application is that if an I-360 application exists, it creates a strong legal argument. In court, the defense states, “This person is already suitable for the special immigrant category”. As a result, a direct release decision may be issued, or a bond hearing may be mandated.
Note: There are restrictive decisions in the 5th, 2nd, and 8th circuit courts; however, requesting direct release in SIJ files is common, and examples have occurred.
Client Example
Our client was a young individual of Kurdish descent growing up in Turkey who, according to their claim, was subjected to both ethnic discrimination and domestic violence. According to their statement, when they were five years old, their family had to migrate from Diyarbakır to Mersin because their father was forced to become a “village guard” and refused.
Our client stated that during school years, they were excluded by peers due to their Kurdish identity, and their educational and healthcare needs were neglected by their family. They declared that at just 12 years old, they were made to perform heavy labor in a cemetery and were subjected to systematic physical violence by the father, and beatings and psychological pressure by the mother.
In the transition period to adulthood, to establish a safe life, they came to the United States alone and took refuge with their older brother living in the US.
Case Preparation:
Our client’s situation was suitable for Special Immigrant Juvenile (SIJ) criteria, so progress was made within this scope; the client was under 21 years old and, according to their statement, had been subjected to parental neglect and abuse.
Since our client lived in California, file coordination was carried out meticulously during the state court process in cooperation with an attorney registered with the California bar.
Our client’s detailed personal statement (including claims of childhood neglect, physical and psychological violence, ethnic discrimination, and child labor), family registry documents, and the older brother’s guardianship declaration in the US were prepared.
In the declaration, the older brother committed to meeting the client’s housing, livelihood, education, and support needs; their safe life in Chula Vista and DoorDash/Uber income status were documented.
A petition for guardianship and SIJ eligibility findings was submitted to the California Superior Court Probate Division.
Advantages Provided Throughout the Process:
Throughout the lawsuit process, our client continued to stay in a safe and stable home environment with their older brother.
They found the opportunity to build a life away from their family, free from the environment of physical and psychological violence they claimed to have suffered.
All legal steps regarding the age limit of 21, which is critical in terms of age criteria, were taken on time.
Within the scope of the SIJ program, the path was cleared for them to apply for a Green Card in the future.
Conclusion:
The California court ruled on our client’s suitability for the SIJ program in April 2026. Because the court announced its decision late, a very narrow timeframe was left, as our client was only a few days away from completing their 21st year.
In this critical situation, our team went directly to the USCIS office in person in May 2026 without losing any time, submitted the I-360 application by hand, and prevented our client from losing eligibility based on the age criterion.
This file demonstrates how decisive timing is in SIJ applications and how critical it is for success to work in coordination with attorneys in different states. Our client is currently living a safe life in the US and looks to the future with hope.
When properly managed, SIJ applications are a strong path to a Green Card. In current practices, the process has become difficult to advance alone and requires strategy. For this reason, managing the application correctly from start to finish is of great importance.
As MC Law Firm, we handle SIJ applications from beginning to end; we integrate asylum applications when necessary, and actively manage the file throughout the process.
In case of potential risks, we step in, intervene with Habeas Corpus applications during detention situations, and take control of the process. You can contact us to determine the right strategy specific to your situation.
Phone: 201-957-0909
Email: info@mclawfirm.com
Instagram: @allthingsimmigration
