Special Immigrant Juveniles (SIJ)- If you are in the United States and require the protection of a juvenile court due to being abused, abandoned, or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If granted SIJ classification, you may qualify for lawful permanent residency, commonly known as obtaining a Green Card.

To qualify for Special Immigrant Juvenile (SIJ) status, the youth must meet the following criteria:

Age Requirement: The child must be under 21 years old.
Dependency Declaration: The child must be declared a dependent by a state juvenile court.
Parental Circumstances: The child cannot be reunified with one or both parents due to the parent’s abuse, neglect, or abandonment.
Best Interest of the Child: It must be in the best interest of the child not to be returned to the parent’s country of nationality.

In many states, such as New York, the child can be living with one parent in the U.S., and the other parent can also be living in the U.S., as long as the absent parent is guilty of abuse, neglect, or abandonment of the child.

The decision between seeking asylum and SIJ depends on the specific facts of each case, and each choice carries significant consequences. A child granted asylum may find it challenging to return to their home country but can often petition for one or both parents when they later become a U.S. citizen. On the other hand, a child granted SIJ can return home after obtaining permanent residency but is unable to petition for either parent, including the custodial one.