Applying for SIJS can put you on a path to becoming a lawful permanent resident in the United States and getting your Green Card. But it can be a long and difficult process. While the process may not look the exact same for everyone, these steps are what most youth seeking SIJS will face along the way. Remember that there are people and resources available to help you! Use the links to learn more. Download PDF version here.
Who’s who?
You can easily be confused by the different people involved in your immigration case. If you want to learn more about their various organizations, check out this chart prepared by CILA.
The immigration process is complicated and having an attorney to help guide you through the process makes a huge difference. You have a right to an attorney in immigration court, but that does not mean the government must pay for an attorney for you. Even if you don’t have to go to immigration court, it will be important to get an attorney to get SIJS. If you need help finding an attorney, use the Immigration Advocates Network’s legal directory to find organizations near you.
The order must include certain SIJS determinations.
The first stage of seeking SIJS involves going to state court and asking a judge to listen to your story. After hearing your story, the judge will think about everything and make a decision based on what they believe is best for you. You will ask the judge to make certain judicial determinations in the order. The judge will need to decide if you qualify for these determinations based on your circumstances and what happened to you. There are resources available online if your attorney is unfamiliar with the process or needs to learn more. For example, CILA created a manual for attorneys in Texas.
After you receive the order from state court, you will need to file your petition for SIJS with the U.S. Citizenship and Immigration Services (USCIS). The form that you use for the petition is called the I-360. You will need to send supporting documents with the completed form, including a copy of the state court order. You can learn more about the requirements on the government’s website for Form I-360 and in this pamphlet created by USCIS.
USCIS may ask you to provide more information while they review your SIJS petition. They can send something called a Request for Evidence (RFE) and Notice of Intent to Deny (NOID) that seeks more information or explains why they may have concerns about granting your petition. Not everyone receives these. If you do receive one, you will have a deadline to respond to the requests and you must timely respond--make sure to speak to your attorney right away.
You will receive a decision from USCIS approving or denying your petition for SIJS. If your petition is approved, you can move on to the next step in the process. The decision can take months or even longer. It may take more time if you received an RFE or NOID.
You can check the status of your case online here. To search for your case, you will need to know the receipt number for your application. This number should start with the letters “MSC” and is on your I-360 form. Check out the End SIJS Backlog Coalition’s website or watch their YouTube video if you need help with checking your case status.
Deferred action is available for youth that are approved for SIJS and get stuck in the visa back log. Review this resource from the Immigrant Legal Resource Center for more information about what deferred action means, how to qualify, and how to obtain work authorization if you get deferred action.
You can check the status of your case online here. To search for your case, you will need to know the receipt number for your application. This number should start with the letters “MSC” and is on your I-360 form or your SIJS petition approval. Check out the End SIJS Backlog Coalition’s website or watch their YouTube video if you need help with checking your case status.
If you receive deferred action, you will likely be eligible to apply for work authorization, to get a social security number, and to get a state identification. How to apply for state identification will depend on what state you live in. For more information about getting any of these, review the End SIJS Backlog Coalition’s website and pages 55-56 of CILA’s A New Path: My Toolkit for Navigating Life in the United States.
You may have to wait years for a visa to become available. The U.S. government only makes a certain number of visas available each year, and the waitlist for them is long. This handout from the End SIJS Backlog Coalition explains more about the visa backlog and wait times. It also explains how you might be able to apply for some government benefits while waiting for a visa.
You will become eligible for a visa based on the priority date in the Visa Bulletin issued each month by the U.S. Department of State. The monthly Visa Bulletin is available online here, and USCIS provides information here about how to find your priority date. Your priority date is generally the date you submitted your SIJS petition with USCIS. Remember that SIJS petitioners fall within the employment-based 4 (EB-4) visa category.
Once a visa becomes available, you can apply to become a lawful permanent resident of the United States. You will seek to change your status using the Form I-485. Where to file the form and whether your application will be decided by USCIS or an immigration judge will depend on a number of factors including your location and whether you are in removal proceedings.
You may need to provide additional information if you receive an RFE or NOID. These are discussed above in Step 4.
The person deciding your application may be from USCIS or the immigration judge. They will approve or deny the application. If you get a denial, we encourage you to seek legal advice as soon as possible to explore any further legal remedies or options available to you. If your application is approved, congratulations! You are now a lawful permanent resident. You should receive a welcome notice from USCIS followed by a copy of your Green Card. It is important to make sure that USCIS has the correct mailing address.
Your Green Card comes with rights and responsibilities. You can work and live permanently in the United States. You may travel outside the United States, with some restrictions that you can learn about here. You may apply for U.S. Citizenship after five years if you meet certain requirements as found here. You must keep USCIS informed of any address change with Form AR-11. If you are a male between the ages of 18-25, you must sign up for the Selective Service here. It is also important to abide by all laws and avoid criminal issues to avoid the risk of deportation.
Disclaimer
This document was prepared by the Children’s Immigration Law Academy (CILA), an expert legal resource center with the American Bar Association. This is not legal advice. This resource is for informational purposes only and should not substitute your own research and analysis. Consult your attorney for legal advice about your case.