Can a Child With SIJS Apply for a Green Card?
If you are the guardian or caretaker of an immigrant child in Virginia, you may have heard about something called Special Immigrant Juvenile Status, or SIJS. It is one of the most important protections available to vulnerable children in the United States immigration system.
But getting SIJS is only part of the journey. Many families want to know whether SIJS can lead to a green card, especially when immigration laws in 2026 are so volatile. Our Stafford immigration attorney can help make sure the child in your care gets the protection they deserve.
What Is Special Immigrant Juvenile Status and Who Qualifies?
Special Immigrant Juvenile Status is a federal immigration protection created specifically for children who have been abused, neglected, or abandoned by one or both parents. It is not just for children in foster care. SIJS can apply to children living with a grandparent, aunt, uncle, or other guardian as long as a state court has made certain findings about the child's situation.
To qualify for SIJS, a child generally must meet these requirements:
- Be under 21 years old
- Be unmarried
- Have a valid juvenile court order finding that they have been abused, neglected or abandoned by one or both parents
- Have a finding that it is not in their best interest to be returned to their home country
- Be physically present in the United States
Can a Child With SIJS Apply for a Green Card?
Having SIJS makes a child eligible to apply for lawful permanent residence, which most people call a green card. This is one of the biggest advantages of SIJS. It creates a direct path to legal status in the United States without requiring a family member to sponsor the child through the traditional immigration system.
The process of applying for a green card after SIJS approval is called adjustment of status. The child files Form I-485 with U.S. Citizenship and Immigration Services asking to adjust their status from special immigrant juvenile to lawful permanent resident.
Is There a Wait for a Green Card After SIJS?
Green cards are subject to annual limits by country of birth. Children born in countries with high demand, including El Salvador, Guatemala, Honduras, and Mexico, may face a wait before a green card number becomes available.
USCIS data shows that visa backlogs for certain categories have stretched for several years in recent times, which is why starting the process early and correctly matters so much. An immigration attorney can check current visa availability and help you plan.
What Happens to SIJS if the Child Turns 21?
SIJS petitions must be filed before the child turns 21. However, under the Child Status Protection Act, if a child properly files their green card application before aging out, they may be protected from losing their place in line even after turning 21. Timing is everything, and delays in filing can cost a child their eligibility entirely.
What Does the Green Card Application Process Look Like for an SIJS Child?
Once SIJS is approved by USCIS, the path to a green card generally follows these steps:
- Check visa availability using the monthly State Department Visa Bulletin
- File Form I-485, Application to Register Permanent Residence or Adjust Status, when a visa number is available
- Attend a biometrics appointment where fingerprints and photos are taken
- Attend an interview at a USCIS field office if one is required
- Receive a decision on the green card application
Throughout this process, the child will also need a medical examination and various supporting documents. Missing paperwork or filing errors can cause serious delays or even denials, which is why having experienced legal help is so valuable.
Call a Stafford, VA Immigration Lawyer Today
A green card can give a vulnerable child safety and a real future in the United States. If you are caring for a child who may qualify for SIJS or who has already been granted SIJS and needs help with the next steps, do not wait.
Call The Estevez Group, PC at 703-202-1660 to schedule a free consultation with a Fairfax immigration attorney who will handle your case personally.
We speak English, Spanish and Portuguese.
