Special Immigrant Juvenile Status (SIJS) exists specifically to protect vulnerable youth who cannot safely return to their home countries, offering them a chance at stability and safety in the United States.

Whether you’re caring for an immigrant child or are a young person yourself, understanding Special Immigrant Juvenile Status requirements can feel overwhelming when you need answers most. You may be dealing with family court proceedings, trying to understand complex immigration laws or simply hoping to secure a stable future.

In this guide, we’ll walk you through who can apply for Special Immigrant Juvenile Status, explain how courts and immigration authorities work together in these cases and outline the step-by-step process for pursuing SIJS in Illinois. We’ll also discuss why having experienced legal representation can be crucial to your case’s success.

If you’re ready to explore whether SIJS might be the right path forward, contact Gillespie Law Group, LLC.

Do I Qualify for Special Immigrant Juvenile Status?

The requirements for SIJS aren’t complicated, but you do need to meet all of them:

  • Age Requirements: The age you have to be to apply for SIJS is under 21. As long as you file before then, you are protected even if you turn 21 before your case is approved.
  • Marital Status: You must be unmarried at the time of filing your SIJS petition.
  • Dependency Order: You need a valid court order from a juvenile court, family court or other court with jurisdiction over dependency matters. This order must declare you dependent on the court, or place you in the custody of a state agency, department or individual appointed by the court.
  • Abuse, Abandonment or Neglect: The court must find that reunification with one or both parents is not viable due to abuse, neglect or abandonment. You can get SIJS if one parent abused you — it doesn’t have to be both.
  • Best Interests Finding: The court must determine that remaining in the United States is in your best interests. This finding considers factors like your safety, educational opportunities, family ties and the conditions you would face if forced to return to your home country.

You must meet all of these requirements, and the court must make official findings about each one.

How the Court and USCIS Decide if You’re Eligible

Understanding the two-step process is crucial. First, you work with state family courts, then with federal immigration authorities.

In Illinois, family courts handle the initial dependency and best interests determinations. Illinois courts have jurisdiction to make findings about abuse, neglect or abandonment under the Illinois Juvenile Court Act. These courts focus on child welfare and protection, examining the specific circumstances that make reunification with parents impossible or dangerous.

The Illinois court will review evidence of the harm you’ve experienced, assess your current living situation and determine whether staying in the United States serves your best interests. Illinois judges are familiar with SIJS cases and understand how to craft orders that meet both state child welfare requirements and federal immigration standards.

Once you have the proper Illinois court order, the case moves to U.S. Citizenship and Immigration Services (USCIS). USCIS reviews your I-360 petition to ensure the state court’s findings meet federal immigration requirements. They verify that the court had proper jurisdiction, that all legal standards were met and that the documentation supports your eligibility.

This two-step process means you need to satisfy both Illinois state law requirements for dependency proceedings and federal immigration law requirements for SIJS classification.

What SIJS Does — and Does Not — Provide

SIJS provides significant protection and opportunities, including:

  • Path to Permanent Residence: SIJS can lead to a green card, providing a pathway to lawful permanent residence. After your I-360 is approved, you can file an I-485 application to adjust your status to that of a lawful permanent resident.
  • Future Citizenship: After maintaining permanent residence for the required period, you may be eligible to apply for U.S. citizenship.

However, SIJS does have limitations.

  • No Parent Petitions: You cannot petition for your parents to immigrate to the United States based on your SIJS-derived status. This restriction exists because SIJS is premised on the inability to reunify with parents due to abuse, neglect or abandonment.
  • No Automatic Deportation Protection: As of 2025, USCIS rescinded the policy of automatically considering deferred action for Special Immigrant Juveniles with an approved Form I-360 when an immigrant visa number is not immediately available. This means that approved SIJS beneficiaries no longer automatically receive protection from deportation while waiting for visa availability.
  • No Automatic Work Authorization: As of 2025, SIJS classification alone does not provide eligibility for work authorization. USCIS will no longer accept new applications for work permits based on deferred action for SIJS recipients who are waiting for a visa.

Step-by-Step: What Is the Process for SIJS in Illinois?

The SIJS process involves several carefully coordinated steps. Each step requires careful attention to deadlines, documentation and legal requirements.

Step 1: Obtain an Illinois Court Order

File a petition in Illinois family court (juvenile court, probate court, or domestic relations/family court) seeking a dependency order and SIJS-specific findings. The court must make explicit findings about dependency, your best interests and abuse, neglect or abandonment. In Illinois, this often involves working with the Department of Children and Family Services (DCFS) or presenting evidence through private guardianship or parental allocation proceedings.

Step 2: Prepare and File an I-360 Petition

Once you have the Illinois court order with proper SIJS findings, prepare your I-360 Special Immigrant Juvenile Status petition. This includes the court order, supporting documentation and required forms. The petition must be filed before your 21st birthday.

Step 3: Wait During the USCIS Review Process

USCIS reviews your petition to ensure all requirements are met. While USCIS officially states they process cases within 180 days, many families experience longer wait times in practice due to increased filings and staffing challenges. They may request additional evidence or schedule an interview, and processing times can vary significantly by location.

Step 4: Apply for Permanent Residence

After I-360 approval, you may file Form I-485 to adjust your status to permanent resident, but only when a visa number becomes available. Due to current backlogs in the EB-4 visa category, there may be significant waiting periods before you can apply for adjustment of status.

Step 5: Receive a Green Card

Upon final approval, you receive your permanent resident card, providing long-term stability and legal status in the United States.

Why Having a Lawyer Can Make or Break Your SIJS Case

You might be wondering, “Can I handle this on my own?” The reality is that SIJS cases involve two complex legal systems: state family courts and federal immigration law. Getting both right is crucial, and even small errors can have serious consequences.

Filing without legal representation often leads to inadequate court orders, missed deadlines or improperly prepared immigration petitions. These mistakes can result in case denials and lost opportunities for protection. You need a lawyer to apply for SIJS because the stakes are simply too high to risk it.

Gillespie Law Group, LLC understands both Illinois family court procedures and federal immigration requirements. We work closely with clients to gather necessary evidence, prepare proper court pleadings and coordinate between court proceedings and immigration filings. Our experience with SIJS cases means we know how to avoid common pitfalls and position your case for success.

We guide families through every step, from initial eligibility assessment through final green card approval, providing the comprehensive legal support these complex cases require.

Worried About Your Eligibility? Here’s What to Do Next

Are you feeling uncertain about SIJS eligibility or overwhelmed by the process? Start by gathering whatever documentation you have about your situation — court orders, evidence of abuse or neglect, school records or medical records.

Don’t worry if your documentation feels incomplete. An experienced attorney can help you identify what additional evidence might be needed to meet Special Immigrant Juvenile Status requirements.

Ready to take the next step? Gillespie Law Group, LLC understands how urgent this feels for families seeking safety and stability. We provide compassionate, experienced legal representation that puts your family’s needs first.

Schedule a consultation today and learn how we can help protect your future.