Special Immigrant Juvenile Status (SIJS) is a powerful legal tool designed to protect immigrant children in the United States who have been abused, abandoned, or neglected by one or both of their parents. This immigration relief allows eligible minors to apply for lawful permanent residency, also known as a green card, without having to leave the country. While SIJS is a federal program, the process involves cooperation between state juvenile courts and U.S. Citizenship and Immigration Services (USCIS).
For children and teenagers living in Colorado, understanding whether they qualify for SIJS is the first step toward legal stability and long-term protection. At Pachuta & Kammerman, our team is dedicated to helping vulnerable youth obtain immigration relief through this life-changing program. You can learn more about our work in this area by visiting our Special Immigrant Juvenile Status page.
Who Is Eligible for SIJS?
To qualify for Special Immigrant Juvenile Status, an applicant must meet specific eligibility requirements set by federal law. These requirements must be met at the time the application is filed, and in most cases, must continue to be true throughout the SIJS process. The key eligibility criteria are as follows:
- Under 21 Years Old: The applicant must be under the age of 21 at the time of filing the SIJS petition (Form I-360).
- Unmarried: The applicant must not be married. If the child gets married at any time before the SIJS process is complete, they become ineligible.
- Living in the United States: SIJS is only available to minors who are physically present in the U.S. It cannot be applied for from outside the country.
- State Court Findings: A juvenile court in the state where the child lives, such as Colorado, must issue an order stating that:
- The child has been abused, neglected, or abandoned by one or both parents
- It is not in the child’s best interest to return to their country of origin
- The court has jurisdiction over the child due to custody, dependency, guardianship, or similar proceedings
Meeting all of these criteria is essential. SIJS is not a discretionary benefit, meaning USCIS cannot approve your petition unless you satisfy every requirement. In many cases, the most challenging part of the process is obtaining the necessary state court order. For this reason, working with an attorney familiar with both Colorado family law and federal immigration law is critical.
What Does "Abuse, Abandonment, or Neglect" Mean?
To qualify for SIJS, a juvenile court must find that the child was abused, abandoned, or neglected by one or both parents. These findings do not require a criminal conviction or formal child welfare case. The court can base its decision on a wide range of evidence, including testimony, affidavits, and social service records.
In Colorado, the definitions of abuse, abandonment, and neglect may include:
- A parent failing to provide necessary care, food, or shelter
- Physical, emotional, or sexual abuse
- Leaving a child without support or contact for a significant period
- Placing the child in unsafe living conditions or exposing them to harm
- Refusing to take responsibility for the child’s well-being
Importantly, the finding does not have to involve both parents. If a child was abandoned by one parent but lives safely with the other, they may still qualify for SIJS if the court determines that reunification with the absent parent is not viable and it would not be in the child’s best interest to return to their home country.
Why the State Court Order Matters
The state court order is the foundation of a successful SIJS case. Without this order, USCIS cannot move forward with the petition. In Colorado, this step often involves filing for custody, guardianship, or dependency in family court. The judge will review the child's situation and issue an order with specific findings related to abuse, neglect, or abandonment.
This process can be intimidating, especially for undocumented children or those without family support. But it is also a vital protective measure. Once the order is in place, the child can file Form I-360 with USCIS to begin the SIJS process. After approval, they may apply for a green card when a visa becomes available.
Our attorneys have experience working with Colorado family courts and know how to guide clients through this critical step. If you are unsure how to begin this process or need help with a guardianship case, we encourage you to reach out. In some cases, SIJS may also help a child avoid deportation. If you are facing removal proceedings, visit our removal defense page to learn how we can help.
What Happens After SIJS Is Approved?
Once USCIS approves the SIJS petition, the applicant becomes eligible to apply for lawful permanent residency. However, there may be a waiting period depending on the availability of green cards for the applicant’s country of origin. During this time, the child may receive temporary protection from deportation but will not have full permanent resident status until the green card is approved.
The wait time can vary based on age, country of origin, and other factors. It is important to stay informed about visa bulletin updates and understand when it becomes possible to file for adjustment of status. Some applicants may qualify to apply for a work permit while waiting, depending on their situation.
Although the process can be lengthy, SIJS provides a direct and reliable path to a green card for many immigrant youth who have no other way to legalize their status. For young people who qualify, it offers a chance at safety, stability, and a future in the United States.
Speak With a Colorado Immigration Attorney About SIJS
If you are a young immigrant living in Colorado and have experienced abandonment, abuse, or neglect by one or both parents, you may be eligible for Special Immigrant Juvenile Status. This process can be complex and time-sensitive, especially if you are nearing the age of 21 or facing immigration court proceedings.
At Pachuta & Kammerman, we are committed to helping immigrant youth gain the legal protection they deserve. From family court orders to immigration filings, we provide full support at every stage of the SIJS process. Let us help you determine if you qualify and take the next steps with confidence.
Contact us today to schedule a confidential consultation and learn how we can help you apply for Special Immigrant Juvenile Status in Colorado.
