A SIJS lawyer in Tennessee helps children who cannot safely reunite with one or both parents obtain immigration protection and a lawful path to permanent residence. Special Immigrant Juvenile Status, commonly called SIJS, is a federal immigration classification that protects noncitizen children who have experienced abuse, abandonment, or neglect by a parent. SIJS allows the child to remain in the U.S. lawfully and eventually apply for a green card.
Nación del Inmigrante represents children and caregivers navigating complex immigration systems during vulnerable moments. We focus on humanitarian immigration matters, including SIJS cases that require coordination between Tennessee state courts and federal immigration agencies. Nación del Inmigrante prioritizes clarity, safety, and dignity while helping caregivers understand each next step and centering the child’s well-being. We regularly assist families whose cases involve guardianship, juvenile court proceedings, or child welfare matters alongside immigration filings.
What Is Special Immigrant Juvenile Status (SIJS)?
Special Immigrant Juvenile Status (SIJS) is a special immigration status that allows certain noncitizen children who are already present in the U.S. to remain in the U.S. and, eventually, become permanent residents (get a green card). U.S. immigration law technically groups the SIJS visa with several other types of “special immigrant” visas within the broader category of employment-preference visas.
Who Qualifies for SIJS?
To qualify for SIJS, a person must:
- Be physically present in the U.S.;
- Not be married;
- Obtain a court order that supports the SIJS application from a state court judge; and
- Be under 18 or, if 18 or older, have been subject to the state court’s jurisdiction before turning 21.
A court order supports the SIJS application if it concludes that:
- One or both of the applicant’s parents abandoned, abused, or neglected the child;
- As a result, it is best that the child not reunite with one or both parents; and
- It is best for the child to continue living in the U.S.
Federal immigration law still allows individuals between the ages of 18 and 21 to apply for SIJS, but you typically need the required state court order to be issued before the child turns 18.
How Does a Child Get a Tennessee Court Order Supporting SIJS?
A child gets a court order supporting SIJS by becoming involved with the Tennessee court system. They may become involved in many different ways, such as:
- Dependency, delinquency, or child welfare cases, where the court addresses the child’s safety, supervision, or placement;
- Guardianship proceedings, where a caregiver asks the court for legal authority to care for the child; and
- Custody or protection matters, where the court resolves who should have responsibility for the child or how the child can remain safe.
You do not need to be involved with the court already if you are considering seeking SIJS. A Tennessee SIJS lawyer can help you get a court order that includes the findings immigration law requires.
What Does Abuse, Abandonment, or Neglect by One or Both Parents Mean?
To qualify for an SIJS visa, the state court that the child is involved with must find that returning the child to one or both of their parents’ care is not realistically possible or safe because of:
- Abandonment by a parent, such as long-term absence, lack of contact, or failure to provide care or support;
- Neglect by a parent, including failure to meet the child’s basic needs for supervision, education, or medical care; or
- Abuse by a parent, including physical, emotional, or similar harm recognized under Tennessee law.
As “one or both parents” indicates, a court may base SIJS eligibility on the conduct of only one parent. Sometimes, a child can even receive SIJS status while their undocumented parent provides them care if the other parent abandoned, abused, or neglected the child.
How Does the State Court Evaluate the Child’s Best Interests?
The state court order must also state that the child returning to their country of origin would not be in the child’s best interests. To evaluate whether it is better for the child to remain in the U.S., courts may consider:
- Safety concerns abroad, including violence, exploitation, or lack of protection;
- Stability of caregiving arrangements, including who will provide daily care and supervision;
- Access to education and medical care, both in the U.S. and abroad; and
- The child’s emotional and developmental needs, including continuity and support.
Not every factor must apply. One serious concern may be enough to support a best-interests finding.
How Do You Apply for SIJS?
After the child has a state court order explaining why the child qualifies for SIJS, they use a Petition for Amerasian, Widow(er), or Special Immigrant, to apply for SIJS. You submit the form, along with supporting documentation, to the United States Citizenship and Immigration Services (USCIS).
USCIS typically grants SIJS visas if the state court order includes the necessary details and required findings. USCIS does not re-evaluate family court evidence but reviews whether the order contains the legally required determinations.
Can SIJS Lead to a Green Card?
Since SIJS is technically in the employment-based immigrant visa category, it opens the path to permanent residence (a green card). After USCIS determines that the child qualifies for SIJS, the child becomes eligible to apply for permanent residency. They may apply for a green card using an Application to Register Permanent Residence or Adjust Status.
How Long Does the SIJS Process Take?
The SIJS process length depends on several factors, particularly that immigration law categorizes the visa as an employment-based visa, specifically an EB-4 visa (employment-based, fourth preference category). U.S. immigration law limits the number of employment-based visas the government can issue each year. It also limits the number of visas the government can issue to individuals from specific countries or regions.
How fast an SIJS application moves through the system depends on:
- Whether you need to get a state court order and, if so, the state court schedule;
- USCIS processing times for SIJS petitions; and
- When the government can issue the visa based on yearly limits and accumulated backlogs.
Your lawyer can help you understand and estimate how long the process will take.
Frequently Asked Questions About SIJS in Tennessee
Who Qualifies for Special Immigrant Juvenile Status?
A child may qualify if they are in the U.S., remaining is in their best interests, and reuniting with one or both parents risks harming the child because of past abuse, abandonment, or neglect.
Does a Child Need a Court Order in Tennessee Before Applying for SIJS?
Yes. You need a qualifying Tennessee state court order before a child can qualify for SIJS. As long as the child is still a minor under Tennessee law, you can work with an attorney to get this order.
Can SIJS Lead to a Green Card?
Yes. SIJS allows an eligible child to apply for lawful permanent residence once a visa number becomes available under the employment-based fourth preference category.
Does the Child’s Parent Have to Be Involved in the SIJS Process?
No, but you have to provide the court that issues the order with evidence indicating one or both of the applicant’s parents abandoned, abused, or neglected them.
How Long Does the SIJS Process Take?
The timeline varies. State court scheduling, USCIS processing, and visa availability all affect how long the case takes. Your lawyer can help you estimate the timeframe in your case.
Speak with a SIJS Lawyer in Tennessee
If you are a caregiver for a child who may qualify for SIJS, a SIJS attorney in Tennessee can help you understand your options. Nación del Inmigrante represents children and families seeking safety, stability, and lawful status through SIJS. To discuss your situation and learn whether SIJS may apply, contact Nación del Inmigrante.