Short answer: If you qualify for SIJS (Special Immigrant Juvenile Status), the immigration petition (filed with USCIS) must be submitted before you turn 21. But the real deadline arrives earlier than that — so it’s important to act quickly and contact an attorney today.
Age 21 is the cutoff date to apply for SIJS. But the real deadline comes before that.
SIJS has two steps. Step 1: a family court in New Jersey or New York must make special findings about what happened to the child. Only once the court issues this special order, can the young person then move to Step 2: petition with USCIS for SIJS status. Step 2 must be filed with USCIS by the child’s 21st birthday, or the young person is barred from obtaining SIJS forever. Step 1, in family court must be completed first. Courts can move slowly, getting a family court hearing can take months. If the young person is 20, there is no time to lose.
Is a 19- or 20-year-old still in time to apply for SIJS?
In many cases, yes. New Jersey and New York courts can make the necessary findings until the young person turns 21. We have helped young people who started their case at 20. We have to file an urgent request. The court often agrees to hear cases at the last minute. But not always. Which is why it’s so important not to delay in acting.
Two more things families should know
First: the young person must be unmarried when the petition is filed — marrying closes you off from applying for SIJS. Second: a child does not need to be in deportation proceedings to apply. The case can begin affirmatively, in family court, without waiting for immigration to knock.
What should a family do today?
If you are caring for a young person — a nephew, a granddaughter, a student — who suffered abuse, abandonment, or neglect by a parent, and they are under 21, the time to find out whether they qualify is now. One consultation with Attorney Sharon Lieberman is enough to know whether the case is viable and how much time is left.
Attorney Sharon Lieberman has obtained over 100 SIJS approvals in New Jersey and New York, and works with families in English, Spanish, French or Russian.
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