Overview: Special Immigrant Juvenile classification, or SIJ, is a path to a green card for certain children who cannot be reunited with a parent because of abuse, abandonment, neglect, or a similar basis under state law. The case runs through two systems, a state juvenile court and then USCIS, and ends in the EB-4 visa queue. USCIS outlines the stages this way.
Who the path is for
To file with USCIS, the person must be under 21, unmarried, and physically present in the United States. They must also be the subject of a state juvenile court order with required findings on dependency or custody, on parental reunification, and on best interests.
The age rule is strict. The ILRC notes the petition must be received before the 21st birthday, and USCIS has accepted late filings only in rare cases. Our comparison of CSPA and SIJ age rules shows how SIJ differs from other Age-outWhat happens when a child turns 21 during the immigration process and no longer meets the definition of a child for a family-sponsored, employment-based or diversity visa petition. A child who ages out generally loses eligibility to immigrate on that petition. The Child Status Protection Act changes how age is calculated in some cases.See it in the glossary rules.
Step 1: the state court order
The process starts in state juvenile court, not at USCIS. The court’s findings are what USCIS reviews. Court procedures differ by state, so this part of a case is decided under state law and local practice.
Step 2: Form I-360
The child or their representative files Form I-360 to request SIJ classification. The filing includes the qualifying court order or orders and proof of age. Written consent from the Department of Health and Human Services is needed if applicable, and Form G-28 if an attorney or accredited representative is involved.
The regular I-360 fee does not apply to SIJ petitions, but a separate $250 fee created by H.R. 1 does, for petitions postmarked on or after July 22, 2025. USCIS kept it at $250 for fiscal year 2026, and its Federal Register notice says the statute bars fee waivers for it. H.R. 1 fees adjust with inflation, so confirm the current amount before filing.
An approved I-360 gives the child SIJ classification. It does not itself give a green card.
Step 3: waiting for a visa number
SIJ green cards come from the EB-4 category, which has a yearly limit. A child can file Form I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary for permanent residence only when a visa number is available, meaning the Priority dateThe date a petition was filed, or a labor certification was submitted, used to determine an applicant's place in line for a visa category with limited annual numbers.See it in the glossary, generally the date the I-360 was filed, is earlier than the date on the chart USCIS says to use that month. The I-485 also needs a medical exam form, a filing fee or fee waiver, and BiometricsFingerprints, a photograph and a signature collected at a USCIS Application Support Center for background checks.See it in the glossary.
In the October 2026 Visa Bulletin, EB-4 shows a Final Action DatesThe Visa Bulletin chart showing the priority dates for which a visa number can actually be issued or a green card approved in that month.See it in the glossary of December 15, 2022 and a Dates for FilingThe Visa Bulletin chart showing the earliest priority dates for which applicants may submit documents, or in some months file for adjustment of status, ahead of a visa number being available.See it in the glossary date of January 1, 2025 for all areas. According to AILA’s summary, USCIS directed employment-based applicants to use the Dates for Filing chart for October. The designated chart can change from month to month, so check USCIS’s Visa BulletinA monthly State Department publication showing which family and employment visa categories currently have visas available.See it in the glossary page before filing.
What changed for the wait: deferred action
In 2022, USCIS began automatically considering approved SIJ children for Deferred actionA discretionary decision not to pursue removal of a person for a set period. It does not confer lawful status. DACA is one program built on it.See it in the glossary, and related work authorization, while they waited for a visa number. That policy has changed several times:
- USCIS rescinded it on June 6, 2025.
- A federal court stayed that rescission on November 19, 2025 in A.C.R. v. Noem.
- On April 10, 2026, USCIS issued PM-602-0198, which ends automatic consideration effective May 10, 2026.
According to a case summary from the National Immigration Project, the new policy does not apply to SIJ petitions or deferred action renewal requests filed before May 10, 2026, which USCIS says it will handle under the 2022 policy. The memo also says SIJ holders can still ask for deferred action individually, in writing or on Form G-325A, like anyone else.
Litigation is continuing. Plaintiffs in A.C.R. v. Noem appealed part of the November order to the Second Circuit, and a July 2026 update reported that briefing was complete and a decision was pending. We did not find a ruling as of this writing, so read the memo and current USCIS guidance for the exact scope.