Special Immigrant Juvenile Status (SIJS) is a type of immigration classification minors can obtain in the U.S. Eligibility includes being under the age of 21, being unmarried, having a court order from Juvenile Courts declaring you a dependent, and being able to show that one or both of your parents have abused, neglected, or abandoned you.
This is a complex process, and the adjudication times are slow due to a USCIS backlog. However, approval rates remain high at around 95%. Aside from the eligibility, you also must consider the age-out policy for SIJS, and this is what we discuss below.
Understanding SIJS Age Out by State
The SIJS age-out policy refers to the age you must be under to obtain a court order as the first step in your SIJS application. For example, in Arizona, you must have a court order issued before you turn 18.
The court order is issued by a Juvenile Court and states that:
- You have been declared a dependent.
- Reunification with one or both of your parents is no longer an option due to abuse, abandonment, or neglect.
- It is not in your best interests to return to your home country or place of last habitual residence.
The age-out policy varies by state and can be 18, 19, or 21.
States and Age Limits for SIJS
Here is a list of states and their age limits for SIJS eligibility:
- Alabama – 19
- Alaska – 18
- Arizona – 18
- Arkansas – 18
- California – 21
- Colorado – 21
- Connecticut – 21
- Delaware – 18
- District of Columbia – 21
- Florida – 21
- Georgia – 18
- Hawaii – 21
- Idaho – 18
- Indiana – 18
- Illinois – 21
- Iowa – 18
- Kansas – 18
- Kentucky – 18
- Louisiana – 18
- Maine – 21
- Maryland – 21
- Massachusetts – 21
- Michigan – 18
- Minnesota – 21
- Mississippi – 21
- Missouri – 18
- Montana – 18
- Nebraska – 19
- Nevada – 21
- New Hampshire – 18
- New Jersey – 21
- New Mexico – 21
- New York – 21
- North Carolina – 18
- North Dakota – 18
- Ohio – 18
- Oklahoma – 18
- Oregon – 21
- Pennsylvania – 18
- Rhode Island – 18
- South Carolina – 18
- South Dakota – 18
- Tennessee – 18
- Texas – 18
- Utah – 18
- Vermont – 21
- Virginia – 21
- Washington – 21
- West Virginia – 18
- Wisconsin – 18
- Wyoming – 18
Legal Implications and Challenges
As you can see, the fact that there is no set age-out limit for SIJS eligibility makes the process complicated and adds an additional layer of research you must undertake. This is where an asylum lawyer can assist. An asylum attorney has in-depth knowledge of the immigration process and will know the SIJS age-out by state parameters.
If you fail to file your application before your age-out date, you will have no legal grounds to claim SIJS because you will no longer fall under the jurisdiction of the Juvenile Court and will instead fall under the full U.S. Court system.
It’s essential to start your planning early and understand the SIJS Age-Out policy for your state to avoid missing this important deadline.
Addressing Misconceptions About Age Out in SIJS Cases
The SIJS adjustment of status is a multi-faceted process that requires time and effort to understand properly. The complexity of the SIJS visa process, including the SIJS Age-Out by State, has led to some common misconceptions, including:
- It’s not possible to get SIJS approval after the age of 18.
- The SIJS process and age-out policy are the same across the U.S.
- You can only get approval if your application is processed before you reach the age-out limit.
However, as mentioned earlier, in some states, you can still get SIJS approval even if you are over 18. The age-out policy is not the same everywhere, and each state has its own rules. Additionally, USCIS allows applicants who file the Form I-360 before reaching the age-out limit to still receive approval for a Green Card, even if you are over 21 at the time of adjudication.
Conclusion
Understanding the SIJS age-out policy in your state is critical. Failing to meet the age limit for obtaining a court order may mean that you are no longer eligible for SIJS. Working with an attorney who specializes in asylum cases can help you navigate these complexities and ensure that you don’t miss out on this important immigration benefit.
