Special Immigrant Juvenile Status (SIJS) in New Jersey and New York
If you are reading this, you are probably an adult trying to protect a young person — a niece, a grandson, a student, a child in your care — who has been through something no child should go through. Special Immigrant Juvenile Status exists for exactly this situation. It is one of the few paths in immigration law designed around a child’s safety rather than a family petition or an employer.
Attorney Sharon Lieberman has spent years representing children in SIJS cases in every county across New Jersey and New York — including Warren, Passaic, Essex, Union, Middlesex, and Bergen counties — in both the family courts and before the immigration agency. Consultations are available in English, Spanish, French and Russian.
What is SIJS?
SIJS is a path to a green card for young people under 21 who cannot be reunited with a parent because of abuse, abandonment, or neglect.
SIJS is a process of several steps. Step 1: in the state family court, which makes findings about what happened to the child, and Step 2: the federal immigration agency (USCIS), which grants the immigration status. Attorney Sharon Lieberman handles both steps.
Who qualifies?
A young person who is under 21, unmarried, living in the United States, and about whom a court can make three findings.
The family court — in New Jersey or New York — must find that: (1) the child who is under 21 is dependent on the court or placed in the custody or guardianship of a person or agency; (2) reunification with one or both parents is not viable because of abuse, abandonment, neglect, or death; and (3) it is not in the child’s best interest to return to their home country. Courts in both New Jersey and New York can make these findings until the young person turns 21 — older teens are not too late.
It surprises many families that a child can qualify even when one parent is loving and present. The findings concern the parent who abused, abandoned, or neglected the child — the child does not have to be alone in the world to deserve protection of the U.S. government.
How does the process work?
Three steps: a family court order, a petition to USCIS, and — when a visa number is available — the green card application.
- Step 1 — Family court. We ask the family court — in New Jersey or New York — to place the child in the custody or guardianship of a trusted adult (often the person reading this page) and to make the special findings described above.
- Step 2 — The SIJS petition. With the court order in hand, we file the petition with USCIS. This must be filed before the 21st birthday — no exceptions.
- Step 3 — The green card. When a visa number becomes available in the SIJS category, the young person applies for a green card.
The child was never in immigration court. Does that matter?
No. A child does not need to be in deportation proceedings to apply — and should not wait to be.
SIJS can be pursued affirmatively, starting in family court. And if a child is already in removal proceedings, SIJS can still be pursued — it is one of the most important protections available in that situation.
What counts as abuse, abandonment, or neglect?
The family court looks at the child’s real life — not whether anyone was arrested or convicted.
A parent who disappeared years ago and provides no support for their child. A parent whose home was violent or who consumed illegal drugs with the child nearby. A parent who could not or would not provide basic care. A parent who forced their child to work instead of attending school. A parent who has passed away, leaving the child without that parent’s protection. These painful situations are hard to describe in a courtroom. But with the assistance of Attorney Sharon Lieberman, we help families describe these facts in the courtroom, accurately and with dignity. These court proceedings are confidential, so children and their guardians can speak freely about what happened to them. Their records are sealed for privacy.
Is there a deadline?
Yes — an important deadline, and a hard one. The USCIS petition must be filed before the child’s 21st birthday.
And because the family court order must come first, and family courts move at their own pace, the real deadline is earlier than the 21st birthday. If the young person in your life is 17, 18, 19, or 20, the time to start is now. Marrying before the green card is granted also ends eligibility, which matters for young adults in serious relationships.
How long does it take?
The SIJS petition can be decided relatively quickly, but the green-card line (waiting for permission to apply for the green card) is long, so it’s better to file as soon as possible.
There is currently a backlog for SIJS green cards. An approved petition secures the young person’s place in line (almost like a bus ticket). But there is still a line to wait in, even with that place in line. What matters most is what the deadline demands: getting the petition approved before the door closes at 21. Lieberman Law Group will give you a realistic picture of the timeline at your consultation.
Does SIJS lead to citizenship?
The green card leads to citizenship eligibility after five years of permanent residence.
The young person can, assuming they remain in the USA after filing and do not commit any crimes, become a citizen.
How can Lieberman Law Group help?
Attorney Sharon Lieberman has obtained over 100 SIJS approvals.
Attorney Sharon Lieberman has represented many children in SIJS matters throughout New Jersey and New York, including cases referred by national child-protection organizations, handling both the family court stage and the immigration stage. She is admitted to the bar in both states, works with families in English and Spanish, and also speaks Russian, French, and Hebrew.
A consultation will give you straight answers about whether the child’s background and circumstances make them eligible for SIJS, what the family court step involves, and what the timeline looks like.