A youth green card usually refers to Special Immigrant Juvenile (SIJ, also often written SIJS) status, a protective path for children and young people who have been abused, neglected or abandoned by a parent, or harmed in a similar way under state law. It has three steps: first a state court makes findings, then Form I-360 is filed with USCIS, and the green card application can be made only once a visa is available. Approval of Form I-360 does not mean having a green card, and this should be understood first. The information below is current as of November 6, 2026.
What happened is not the child's fault. If the child is in danger right now, call 911 first.
If you do not have lawful status, understand the risks before filing. Filing Form I-360 tells immigration authorities the child's name, address and immigration situation. A pending or approved petition does not mean the child may lawfully stay, and there is no automatic deferred action or work permit. The wait for a green card visa may take several years, and during that time the child may still receive a Notice to Appear (NTA), be placed in removal proceedings, and may be unable to work lawfully. In a March 2026 precedent case, the person was placed in removal proceedings a few months after filing Form I-360. This does not mean you should not apply, and waiting until you age out carries risk too, but before you file you should have an attorney weigh it for your case.
Who may qualify
- Under 21 when Form I-360 is filed;
- Unmarried at filing and during adjudication;
- In the United States at filing and during adjudication;
- Has a valid order from a state juvenile court;
- One of the main purposes of the request to the court was to obtain relief from parental abuse, neglect or abandonment, and USCIS must accept this.
As long as you are under 21 at filing, USCIS will not deny the petition only because you have aged out by the time it is adjudicated. Within 2 weeks before your 21st birthday, you may request to file in person at an office.
The difference between 21 and 18
21 is the federal filing age, but a state court order comes first, and state courts differ in their authority. USCIS notes that some juvenile courts issue these orders only for people under 18.
- New York: Family Court Act § 661 extends "minor" in guardianship proceedings to young people under 21 who consent.
- New Jersey: The court directive provides that SIJS findings are requested from the Superior Court, Chancery Division, Family Part, and the petitioner must be under 21 and unmarried when the case is filed. A person who is 18 may file on their own behalf.
If you wait until you are almost 18 or 21 to start, there may not be enough time. We suggest an early evaluation.
What the state court must find
The order must contain three findings, supported by facts:
- The child has been declared dependent on a juvenile court, or placed by the court under the custody of a state agency, an individual or an entity;
- Because of abuse, neglect, abandonment or a similar basis under state law, the child cannot reunify with one or both parents;
- It is not in the child's best interest to return to the child's or the parents' country of origin or last habitual residence.
Termination of parental rights is not required. A state court order is also not an immigration decision, and USCIS still reviews the status question. USCIS does not require the child to contact the person who harmed them or that person's family, but the state court may require notice to the parents, so tell your attorney in advance if you have safety concerns.
After Form I-360 is approved
- Fees: Form I-360 itself has a $0 fee, with a separate statutory fee of $250. Form I-485 for SIJ has a $0 fee.
- Form I-360 adjudication: USCIS generally makes a decision within about 180 days. This time frame does not apply to Form I-485.
- Visa availability: SIJ falls under EB-4. In the November 2026 Visa Bulletin, the Final Action Date for all regions is December 15, 2022, and the Date for Filing is January 1, 2025. USCIS has confirmed that Form I-485 may be filed this month using the Dates for Filing chart. Dates may change, and the wait may be as long as several years.
- Status during the wait: SIJ classification by itself is not lawful status and does not stop removal. For Form I-360 petitions filed on or after May 10, 2026, USCIS no longer automatically considers deferred action and the related work permit. These can be requested only case by case, and you should not count on approval. People already in removal proceedings may find it harder. Petitions filed earlier are subject to different rules, related litigation is ongoing, and the policy may change, so check with an attorney.
- Immigration court: If you already have a court case, tell your attorney immediately. A March 2026 precedent decision of the Board of Immigration Appeals held that proceedings may not be continued for a long time solely because of the wait for a visa.
- Marriage: Marriage after Form I-360 approval no longer automatically revokes it, but you should still consult an attorney before marrying.
- Parents: By law, a natural parent or former adoptive parent cannot later obtain immigration benefits through this relationship.
What to prepare
- A birth certificate, passport or other proof of age, with English translations for foreign-language documents.
- Information about the guardian or caregiver, plus the child's address and school records.
- Documents describing the family situation, such as medical, school, police and social worker records. These can be explained gradually, at a pace the child is comfortable with.
- Court documents and all immigration documents, including Form I-94 and hearing notices.
To verify an attorney's credentials, see How to Choose an Immigration Lawyer.
Contact us
Representing someone in state court requires being licensed in that state. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. The responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. To find out whether a youth green card may fit your child, you may call 347-618-3386 for a consultation in Chinese. For details, see Immigration Legal Services.
FAQ
What is a youth green card?
A youth green card usually refers to Special Immigrant Juvenile (SIJ, also often written SIJS) status, a protective path for children and young people who have been abused, neglected or abandoned by a parent, or harmed in a similar way under state law.
What is the age limit?
You must be under 21 when you file Form I-360. But a state court order comes first, and some juvenile courts issue these orders only for people under 18, so you should be evaluated as early as possible.
Do I have a green card once Form I-360 is approved?
No. Approval of Form I-360 does not mean having a green card. You must also wait until a visa is available before applying, and the wait may be as long as several years. During the wait there is no automatic lawful status, deferred action or work permit, and you may still face removal proceedings.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, travel.state.gov, uscis.gov, justice.gov, nycourts.gov, njcourts.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.