To be eligible for SIJS, the child must meet specific requirements:

1. Age Requirement:
   • The child must be under 21 years old at the time of filing the SIJS petition.
2. Dependency on a Juvenile Court:
   • The child must have been declared dependent on a juvenile court or legally placed under the custody of a state agency or individual appointed by a state or juvenile court. Note that the age requirement of the child varies from state to state.
3. Best Interest Finding:
   • The juvenile court must determine that it is not in the child’s best interest to be returned to their home country or the previous country of habitual residence due to abuse, neglect, abandonment, or a similar basis under state law.
4. Nonviability of Reunification with One or Both Parents:
   • The court must find that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.
5. Special Findings in a Court Order:
   • The juvenile court order must contain specific findings required by federal law, including findings related to the child’s dependency, best interest, and nonviability of reunification.
6. Eligibility at the Time of Adjustment:
   • The child must still be unmarried and under 21 years old at the time of filing the application for adjustment of status (Form I-485).
7. Filing the Form I-360 Petition:
   • The child must have a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, filed on their behalf by a qualifying individual or entity. Generally, this is done by a state court or a recognized child welfare agency.
8. Applying for Adjustment of Status (Green Card):
   • After USCIS approves the Form I-360 petition, the child can file an application for adjustment of status (Form I-485) to become a lawful permanent resident.

It’s important to note that the SIJS process involves coordination between the juvenile court system and U.S. Citizenship and Immigration Services (USCIS). Additionally, the child must meet the eligibility criteria at each stage of the process.

Given the complexity of immigration laws and procedures, individuals seeking SIJS are strongly advised to consult with an experienced immigration attorney or a legal representative familiar with SIJS to ensure that all requirements are met, and the process is properly navigated.