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En Special Immigrant Juvenile Status (SIJS) is an immigration classification that may provide a pathway to a green card for eligible young people who cannot reunite with one or both parents because of abuse, abandonment, or neglect. In Florida, the process generally begins with a qualifying state court order before filing a petition with USCIS. This guide explains SIJS eligibility, Florida court requirements, the green card process, and work authorization options.
SIJS is a humanitarian immigration pathway for children and young adults who cannot be reunited with a parent because of abuse, abandonment, or neglect. It involves two separate systems:
Abuse, abandonment, and neglect are defined by state law, so whether a situation qualifies depends on the facts of the case and Florida law.
To qualify, you generally must be under 21 when you file Form I-360. You must also live in the United States and be unmarried. In addition, you need a valid juvenile court order. USCIS must consent to the classification, and HHS/ORR consent may be needed in some cases.
The Florida court order must include three findings:
USCIS also expects that you sought the order to be protected, not mainly to get an immigration benefit.
Federal law lets you file with USCIS before you turn 21. However, the court order comes first, and Florida family courts generally handle these cases only for minors under 18.
Florida has no separate SIJS case. Instead, an attorney uses the custody or family-law case that fits your situation to request the required findings.
| Situation | Both parents | One parent |
|---|---|---|
| Family circumstances | Neither parent can care for the child, and the child lives with a relative | The child lives with a protective parent, and reunification with the other parent is not viable |
| Florida law | Chapter 751, Florida Statutes | Chapter 61, Florida Statutes |
| Typical case | Temporary custody by extended family | Parental responsibility proceeding |
Depending on the case, the judge may require notice to a parent, evidence, and a hearing. Once the judge signs a qualifying order, you can move to the federal stage.
A typical Form I-360 package includes:
USCIS generally decides I-360 petitions in about 180 days, though individual cases vary. You do not have to contact the family members who harmed you.
The base filing fee for an initial Special Immigrant Juvenile (SIJ) petition (Form I-360) is $0. However, under Public Law 119-21, applicants must pay a mandatory $250 additional filing fee. This fee cannot be waived and must be submitted with the petition.
For official guidance, see the USCIS Special Immigrant Juveniles page .
An approved SIJS petition is not a green card. SIJ-based green cards use EB-4 visa numbers, which are limited each year. The Department of State publishes availability monthly in the Visa Bulletin.
Your priority date is generally the date USCIS received your I-360. Whether you can file Form I-485 depends on that date, the Visa Bulletin cutoff, the chart USCIS designates that month, and your individual eligibility.
These dates change monthly, so check the current Visa Bulletin and USCIS guidance before filing.
When a visa number is available and you are otherwise eligible, you can file Form I-485. This stage may include biometrics, a medical exam, supporting documents, and sometimes an interview.
Always review the latest Department of State Visa Bulletin and the USCIS adjustment-of-status filing charts before applying.
View the Official Visa Bulletin →
A work permit is not automatic. For I-360 petitions filed on or after May 10, 2026, USCIS no longer automatically considers deferred action just because a visa is unavailable. Once you can file Form I-485, you may also apply for a work permit (Form I-765) while it is pending. Because this depends on your filing date and circumstances, confirm your options with an attorney.
The SIJS process involves both Florida state courts and federal immigration authorities, making it difficult to navigate without legal guidance. Serving Immigrants helps families understand SIJS requirements, prepare the necessary documentation, and navigate the legal steps toward obtaining Special Immigrant Juvenile Status and potentially a green card.
Navigating the Special Immigrant Juvenile Status (SIJS) process can be challenging, especially when court requirements and age deadlines are involved. You do not have to navigate these steps alone. Serving Immigrants provides legal guidance to young immigrants and their families throughout the SIJS process.
Our legal team can help evaluate SIJS eligibility, navigate the Florida court process, prepare Form I-360, and assess options for applying for a green card when eligible. Contact us to discuss your situation and understand your next steps.
No. Special Immigrant Juvenile Status (SIJS) is an immigration classification that may provide a pathway to a green card, but SIJS approval does not automatically grant lawful permanent residence. After USCIS approves Form I-360, the applicant must generally wait until an immigrant visa number is available under the employment-based fourth preference (EB-4) category. Visa availability depends on the applicant's priority date and the U.S. Department of State's monthly Visa Bulletin. Once eligible, the applicant may apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if they meet the applicable requirements. An approved SIJS petition alone does not grant a green card or automatically authorize employment.No. It is a classification that can lead to a green card once an EB-4 visa number is available.
Yes. The court must issue the required findings before you file Form I-360.
No. A parent's consent may help move the process forward, but the court can still decide the case if a parent objects or does not respond. The legal requirements and timeline depend on the type of court proceeding. Serving Immigrants can help you understand your options, prepare the necessary documentation, and navigate the Florida court process for Special Immigrant Juvenile Status (SIJS).
An extended family member, such as an older sibling, grandparent, aunt, or uncle.
It depends on your filing date and circumstances. See the work permit section above. Legal assistance from Serving Immigrants can help you understand the age requirements, evaluate your options, and navigate the SIJS process.
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