The information in this blog post is current as of May 5, 2026.
Special Immigrant Juvenile Status (SIJS)-based adjustment of status (AOS) is an especially timely topic for practitioners right now as recent advancement in the Department of State visa bulletin has made immigrant visas newly available for many long-waiting SIJS youth. This development creates an important opportunity to pursue lawful permanent residence that may have seemed out of reach for many only months ago. At the same time, years of visa retrogression and backlogs mean many SIJS beneficiaries have spent extended periods of time in the United States before becoming eligible to adjust, often creating complex inadmissibility issues that must be carefully analyzed and addressed before filing Form I-485 with USCIS. This blog post reviews SIJS eligibility and benefits, gives an overview of adjustment of status, and explains common issues that have arisen in CILA technical assistance.
Special Immigrant Juvenile Status – Overview and Benefits
What is special immigrant juvenile status (SIJS)?
SIJS is a humanitarian form of immigration relief, defined in the Immigration and Nationality Act (INA) at § 101(a)(27)(J) as the following:
- (J) an immigrant who is present in the United States-
- (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State or juvenile court located in the United States, and whose reunification with one or both of the immigrant's parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law;
- (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the [noncitizen’s] best interest to be returned to the [noncitizen’s] or [their] parent's previous country of nationality or country of last habitual residence; and
- (iii) in whose case the Secretary of Homeland Security consents to the grant of special immigrant juvenile status, except that-
- (I) no juvenile court has jurisdiction to determine the custody status or placement of a [noncitizen] in the custody of the Secretary of Health and Human Services (HHS), unless the Secretary of HHS specifically consents to such jurisdiction; and
- (II) no natural parent or prior adoptive parent of any [noncitizen] provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;
This form of relief is available to foreign-born children who have been subjected to parental maltreatment and who are under the jurisdiction of a state juvenile court. A “juvenile court” is defined as a “court located in the United States that has jurisdiction under State law to make judicial determinations about the dependency and/or custody and care of juveniles.” 8 C.F.R. § 204.11(a). Children eligible for SIJS include children in the state’s foster care system, children in the care of the Office of Refugee Resettlement (ORR), children living with a non-parent caretaker, or children living with one parent (if they are unable to reunify with the other parent due to parental maltreatment). The statute and the federal regulations at 8 C.F.R § 204.11 require that an SIJS petitioner be under the age of 21 when the petition is filed, be unmarried through the filing and adjudication of the SIJS petition, be physically present in the United States through filing and adjudication of the SIJS petition, be the subject of a qualifying state court order with the required judicial determinations, and obtain consent from the Department of Homeland Security (DHS).
What are the benefits of SIJS?
SIJS creates a pathway to legalization through adjustment of status to lawful permanent resident (LPR). SIJs can obtain their LPR status, otherwise known as a “green card,” if they meet the eligibility requirements and an immigrant visa is available. Lawful permanent residents—or green card holders—can live in the United States permanently and are eligible for many benefits. LPRs can eventually apply for U.S. citizenship.
SIJS recipients may also become eligible for employment authorization while pursuing adjustment of status, obtain Social Security numbers, and access greater educational and employment opportunities. Additionally, there are grounds of inadmissibility that do not apply to SIJ adjustment of status applicants, and an application for a waiver for those grounds does not need to be submitted. Other grounds can be waived with an SIJS-specific waiver. These grounds will be further explored in a subsequent section.
Special Immigrant Juvenile Status-Based Adjustment of Status (SIJS AOS)
What is the visa bulletin?
A visa must be immediately available for an individual with SIJS to apply for adjustment of status. You will need to check the visa bulletin to determine availability. SIJs are classified as “special immigrants” in the employment-based, fourth preference category (EB-4). Both the “Final Action Dates” chart and “Dates for Filing” chart will be relevant.
If the SIJs priority date is earlier than what is listed in the “Final Actions Dates” chart for EB-4, the SIJ has a visa available to them and is eligible to become a LPR through adjustment. USCIS may use the “Dates for Filing” chart when they are accepting applications in advance of a visa becoming available. You can check if that is the case for any given month here: Adjustment of Status Filing Charts from the Visa Bulletin. If USCIS is using the “Dates for Filing” chart and the SIJ has a priority date is earlier than what is listed in the “Dates for Filing” chart for EB-4, then the SIJ is eligible to file their AOS application that month.
Whether an immigration judge or USCIS has jurisdiction over an SIJS AOS application is a crucial consideration for filing and will be further explored in a subsequent section. Note that the visa bulletin has moved a considerable amount in recent months due to the recent visa bans for certain countries resulting in more visas being available overall.
Related Resource: Practice Advisories — End SIJS Backlog
Filing the I-360 and the I-485
The SIJS petition (Form I-360) is filed first so that USCIS can determine eligibility. If there were visa availability, the I-360 petition may be filed before or concurrently with the adjustment of status (AOS) application (Form I-485). As of the date of this blog post, no individual may concurrently file their I-360 and I-485 due to the visa backlog. The youth will then wait until their priority date is current, in other words, when their priority date is before the Final Action Date on the visa bulletin to file the I-485. The receipt date for the I-360 is the priority date used to determine when the visa will become available.
Adjustment of Status for Youth Not in Removal Proceedings
A youth that is not in removal proceedings can apply for SIJS AOS affirmatively. USCIS will have jurisdiction over their I-485. A waiver may need to be included for any applicable inadmissibility grounds. As with any immigration benefit request at this time, there is a risk to filing that should be discussed with your client. If a youth’s application is denied, USCIS can issue a Notice to Appear (NTA), placing them in removal proceedings. See USCIS Policy Memorandum, “Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”
Adjustment of Status for Youth in Removal Proceedings
If a youth is in removal proceedings, the immigration judge has jurisdiction over the application for AOS. To seek adjustment affirmatively before USCIS, you must file a motion to terminate (or joint motion to dismiss) removal proceedings. An exception to the immigration judge’s jurisdiction over an application for AOS by a youth in removal proceedings is if the youth was designated as an “arriving alien” on their NTA. USCIS will have jurisdiction over those applications for AOS. See 8 C.F.R. § 1245.2(a)(1)(ii).
Adjustment of Status for Youth with Unexecuted Final Orders of Removal
If a special immigrant juvenile (SIJ) has an unexecuted final order of removal, they cannot seek AOS until their immigration case is reopened. Therefore, an SIJ with a final, unexecuted order of removal and a current priority date will typically need to file a motion to reopen to seek AOS before the immigration judge, and/or could file a motion to reopen and terminate/dismiss to seek AOS with USCIS.
If a client was designated as an “arriving alien” on their NTA, and USCIS would have jurisdiction over the AOS application, the youth can apply for AOS without first reopening the removal order. However, USCIS will request an I-601 waiver for the inadmissibility grounds applicable to SIJs. If there are any other concerns regarding your client's eligibility, such as criminal history or negative discretionary factors, further risk assessment may be necessary.
EOIR Fee for Adjustment
The 2024 regulations (8 C.F.R. § 106.3(b)(1)) exempted SIJs from filing fees for the I-485 and related applications. In 2025, however, Sec. 100013(a) H.R.1 created a $1500 fee for I-485s filed in immigration court, including SIJS-based ones. As of the date of this blog post, the EOIR payment portal does not list the correct fee for SIJS AOS. Suggestions for addressing the incorrect fee include: 1) contacting the filing window/clerk, 2) filing a motion, 3) asking your local AILA chapter for jurisdiction specific advice, and/or 4) reaching out directly to the immigration judge’s clerk.
Discretionary Adjudication
It is important to remember that SIJS-based adjustment of status is a discretionary form of relief. The USCIS Policy Manual outlines factors considered in Volume 7, Chapter 10, which provides a non-exhaustive list and chart of positive versus negative discretionary factors. Note that even if inadmissibility grounds are not triggered, or they are waived, they may still be considered a discretionary factor.
Common Inadmissibility Questions for Special Immigrant Juvenile Status-Based Adjustment of Status (SIJ AOS)
SIJs pursuing AOS may face issues of inadmissibility, especially due to issues that can arise during the long wait for visa availability. Some grounds for inadmissibility are inapplicable to SIJs, and a waiver does not need to be requested. Inapplicable inadmissibility grounds include: public charge (INA 212(a)(4)), labor certification (INA 212(a)(5)), presence without admission or parole (INA 212(a)(6)(A)(i)), misrepresentation (including false claim to citizenship) (INA 212(a)(6)(D)), stowaways (INA 212(a)(6)(D)), presence at the border without proper papers (INA 212(a)(7)(A)), and unlawful presence (INA 212(a)(9)(B)).
Some grounds applicable to SIJs are waivable using a SIJS special waiver provision, INA 245(h)(2)(B), or the higher waiver standard, INA 212(h). A few grounds are not waivable. For a full breakdown, see CILA’s “SIJS Adjustment of Status Inadmissibility Chart.”
Entry: What if my client entered without inspection?
The inadmissibility ground of being present without admission or parole under INA 212(a)(6)(A) is inapplicable to SIJs. A waiver of inadmissibility is not needed as this ground is automatically exempted.
Unlawful presence: Has my client triggered the 3-year, 10-year, or Permanent Bar?
Unlawful presence refers to the amount of time an individual has been present in the United States without lawful status. There are three grounds of inadmissibility that can be triggered by unlawful presence: the three-year bar (INA 212(a)(9)(B)(i)(I)), the ten-year bar (INA 212(a)(9)(B)(i)(II)), and the permanent bar (INA 212(a)(9)(C)(i)(I)). These ground are triggered when an individual leaves and re-enters (or seeks to re-enter) the U.S. The inadmissibility grounds under INA 212(a)(9)(B) for the three- and ten-year bar do not apply to SIJs.
Something else to keep in mind is that unlawful presence does not accrue for purposes of the three- and ten-year bars during the time the noncitizen is under age 18. INA § 212(a)(9)(B)(iii)(I). This means a client has not triggered these bars if entries occurred when they were under the age of 18. However, there is no “minor exception” for the permanent bar at 212(a)(9)(C), meaning any time spent in the United States without lawful status, regardless of age, counts toward the permanent bar. To trigger the permanent bar, a client must have been in the United States for over one year after their first entry, depart the United States, and then re-enter the United States without permission.
If the permanent bar has been triggered, a client can still apply for AOS with a request for waiver of this inadmissibility ground. It may be waived under the special waiver provision, INA 245(h)(2)(B) “for humanitarian purposes, family unity, or when it is otherwise in the public interest.” Waivers are requested via Form I-601.
Smuggling: What if my client engaged in smuggling?
Smuggling, defined at INA 212(a)(6)(E), is an inadmissibility ground that applies to SIJs. For the ground to be triggered, the person must have made 1) an affirmative and 2) knowing act to constitute [non-citizen] smuggling. While there is no exception for minors, you should consider whether there is an argument that a youth made an affirmative and knowing act to actually trigger this ground. If an SIJ engaged in smuggling, it may be waived under the special waiver provision, INA 245(h)(2)(B) “for humanitarian purposes, family unity, or when it is otherwise in the public interest.” Waivers are requested via Form I-601.
Related Resource: ILRC’s “Alien Smuggling: What it is and How it can Affect Immigrants”
Failure to attend removal proceedings: What if my client failed to attend removal proceedings?
Failure to attend removal proceedings, covered at INA 212(a)(6)(B), is an inadmissibility ground that applies to SIJs. However, it may be waived under the special waiver provision, INA 245(h)(2)(B) “for humanitarian purposes, family unity, or when it is otherwise in the public interest.” Waivers are requested via Form I-601. As discussed earlier in this blog post, a motion to reopen must be filed to deal with an unexecuted removal order, including in absentia orders for missing a hearing.
Juvenile delinquency, criminal grounds, and arrests: What if my client has been arrested or charged with a crime?
Juvenile delinquency proceedings are not criminal proceedings, and a finding of juvenile delinquency is not a conviction for immigration purposes. Questions on the I-485 that say “convicted,” “crime,” “pled guilty,” “charged,” etc., can typically be answered with “No” since acts of juvenile delinquency are not crimes or convictions. Depending on the facts of the case and state laws regarding confidentiality of juvenile records, you might want to answer “No” but provide information about the adjudication to avoid the appearance of trying to conceal information from DHS.
Note that delinquency adjudications and findings may still impact SIJ AOS because it can be a negative discretionary factor. You should consider offsetting this factor with positive equities. It is also important to keep in mind that an arrest for juvenile delinquency, however, is still an arrest for immigration purposes and must be disclosed on the I-485. Questions regarding an arrest will need to be answered “Yes” and an explanation should be provided.
If a youth was charged and convicted in an adult criminal court, then it is a crime for immigration purposes, even if the client was a minor at the time. Crime-based grounds for inadmissibility are typically waivable “for humanitarian purposes, family unity, or when it is otherwise in the public interest.” INA 245(h)(2)(B). Waivers are requested via Form I-601.
Related Resource: CILA Webinar, “Crimmigration & Delinquent Conduct: Nuts & Bolts for Advocates Serving Unaccompanied Youth” (June 2024)
“Reason to Believe” Drug Trafficking: What if my client has admitted to conduct that could be drug trafficking?
The inadmissibility ground under INA § 212(a)(2)(C) can apply if there is “reason to believe” the respondent has ever assisted or participated in drug trafficking and does not require a criminal conviction or juvenile delinquency disposition. Unfortunately, this ground is not waivable, even for SIJS applicants.
For creative arguments regarding drug trafficking, including a duress argument, review the following resources:
- ILRC Article, “The Impact of Drug Trafficking on Unaccompanied Minor Immigration Cases”
- ILRC Practice Advisory, “What are the immigration consequences of delinquency?”
Where trafficking is involved, you may want to file for OTIP and a T visa given that there is a waiver available only to T nonimmigrants where the grounds of inadmissibility are connected to the trafficking. INA § 212(d)(13).
Related resources:
Additional Resources
- CILA’s Breaking Down the Visa Bulletin: What SIJS Advocates Need to Know
- CILA’s "Quick Reference Guide – Special Immigrant Juvenile Status and EB-4 Immigrant Visa Availability"
- CILA’s FAQs – Overcoming Analysis Paralysis: Practical Considerations for Adjusting Status Based on Special Immigrant Juvenile Status (SIJS)