For many undocumented minors in the United States who have been abandoned, abused, or neglected by one or both parents, Special Immigrant Juvenile Status (SIJS) offers a critical path toward lawful status. But SIJS is not available forever. Once a young person turns 21, the opportunity disappears.
That’s why understanding the process and planning early is essential. Missing the deadline—even by a single day—can result in losing this chance altogether. For teens getting close to legal adulthood, the time to act is now.
What SIJS Is and Who It Helps
SIJS is an immigration benefit available to minors who cannot reunify with one or both of their parents due to abuse, neglect, or abandonment. It was created to help vulnerable children and teenagers remain in the United States with legal protection, and eventually, become permanent residents.
To qualify for SIJS, an applicant must meet several conditions:
- Be under 21 years old at the time of filing
- Be unmarried
- Be physically present in the U.S.
- Have a valid state court order stating that reunification with one or both parents is not possible due to abuse, neglect, or abandonment
- Show that it is not in the child’s best interest to return to their country of origin
This benefit is especially important for minors who entered the U.S. alone or who live with extended family members after being separated from their parents. SIJS can lead to a green card and provide a stable legal status.
Why Age 21 Is a Critical Deadline
Even though SIJS is considered a benefit for minors, federal immigration law allows applications to be filed up until the applicant turns 21. But not all state courts allow minors over the age of 18 to obtain the necessary findings. In many states, family or juvenile courts lose jurisdiction once a youth turns 18. That means the applicant may still meet the federal age requirement but cannot get the court order needed to apply.
In Virginia, for example, certain courts may be able to issue the required order after 18, but not all. That’s why the window between 18 and 21 is often filled with uncertainty. The earlier the process starts, the better the chances of success.
How the SIJS Process Works
SIJS requires two major steps. First, a state court must issue an order finding that:
- The applicant has been abused, abandoned, or neglected
- They cannot reunify with one or both parents
- It would not be in their best interest to return to their home country
This order can be issued by a juvenile court, a family court, or another authorized court, depending on the state. The court must have jurisdiction over the minor’s custody, guardianship, or dependency.
Once the order is in place, the applicant can file Form I-360, Petition for Special Immigrant Juvenile Status, with U.S. Citizenship and Immigration Services (USCIS). If the petition is approved and a visa is available, the applicant may then apply for adjustment of status to become a lawful permanent resident.
Planning Ahead Before Age 18
For teens approaching adulthood, early action is key. Starting the process before turning 18 can avoid the complications of limited court jurisdiction. In many cases, a family member, guardian, or trusted adult can work with an attorney to request the needed court order while the teen is still considered a minor under state law.
This early planning can also help with gathering documents, building a strong case, and filing the I-360 petition with plenty of time before the deadline. Even if a teen is already 17 or 18, there may still be time to move quickly.
What Happens If You Wait Too Long
Delaying SIJS planning increases the risk that a court may no longer have the authority to issue the required order. Even if the child is still under 21, USCIS cannot approve an I-360 without the court findings. And once someone turns 21, they are no longer eligible to apply.
Missing this window can shut down a path to lawful status, leaving the young person vulnerable to removal or unable to legally work or go to school. It can also make it much harder to fix their status in the future.
Other Common Challenges and How to Avoid Them
Here are a few common reasons why SIJS applications run into trouble:
- Incomplete or unclear court orders: USCIS requires that the court order contain specific findings related to parental reunification and the child’s best interests. Generic language is not enough.
- Filing after turning 21: The application must be received by USCIS before the applicant’s 21st birthday. Sending it on or after that date is too late.
- Lack of supporting evidence: While the court order is central, it’s also helpful to include other documents showing the child’s history, school enrollment, or social services involvement.
- Misunderstanding court rules: Not all courts will handle SIJS-related cases after a minor turns 18. A knowledgeable attorney can help navigate which court has authority.
Why Working With an Immigration Attorney Matters
The SIJS process crosses two legal systems—state family courts and federal immigration. That makes it more complex than many other types of immigration applications. A mistake on either side can jeopardize the whole case.
An attorney can help:
- Identify whether the young person qualifies for SIJS
- File the appropriate petition in the right court
- Draft and review the language in the court order to ensure USCIS will accept it
- Submit the SIJS petition (Form I-360) accurately and on time
- Guide the family through adjustment of status, if eligible
For teens who are undocumented or facing an uncertain future, having an advocate makes a difference. Legal status through SIJS opens the door to education, work, and safety, and reduces the fear of being removed from the country they now call home.
Act Early to Protect Your Future
If you are under 21 and think you might qualify for SIJS, or if you are caring for a minor who may be eligible, it’s important to act quickly. The earlier you begin the process, the more options you have. Waiting until the last minute puts the application at risk, especially if court access is limited after age 18.
At Saavedra & Perez Law, we help families and young people across Virginia understand their options and navigate the SIJS process with clarity and care. If you have questions or need help getting started, our team is here to guide you every step of the way. No matter your background or circumstances, there may still be a path forward—but timing is everything. Don’t wait until it’s too late to take control of your immigration future.