Updated and edited 7/1/13 to reflect references to U.S. Code and to provide a cautionary word of advice (see last footnote).
Guest blog post by Rebecca Scholtz.
Child welfare professionals can play a crucial role in helping undocumented children access immigration assistance. You don’t need to be an expert in immigration law to identify an undocumented child who may be eligible for immigration benefits and refer her to a qualified immigration practitioner.

SIJS case example: Eva’s story*
Eva was a 16 year old girl in foster care with no lawful immigration status. Eva’s child protection worker identified Eva as potentially SIJS eligible. The child protection worker referred Eva to an immigration attorney, who determined that Eva was SIJS eligible and helped her apply for SIJS. Within six months of filing, Eva’s SIJS application was approved. Her life has changed dramatically. Now she lives without fear of deportation. She has work authorization, a part-time job, a social security number, and a Minnesota driver’s license. She is eligible for federal financial aid for college, and plans to apply this fall. She now has permanent resident status in the United States and can apply for citizenship in 5 years. The SIJS process has set Eva up for success as she transitions out of foster care and into adulthood.
*This story is based on how a typical SIJS case might proceed. Eva’s name is fictional.

A federal immigration provision known as Special Immigrant Juvenile Status (SIJS) allows some undocumented children in the state juvenile court system to receive “green cards” (lawful permanent resident, or LPR, status) in as little as six months.1 A MN DHS bulletin on SIJS provides more resources for child welfare workers helping this vulnerable group of children.
The value of SIJS
Getting a green card (LPR status) through SIJS can set a child on a path to a more permanent future, including:

  • protection from deportation,
  • work authorization,
  • a social security number,
  • eligibility for some public benefits including Medical Assistance, and
  • access to federal financial aid for college.

A child who becomes a permanent resident through SIJS may also apply to become a U.S. citizen after five years. Helping a child pursue SIJS furthers the important goals of permanency, safety, and well-being.
How to obtain SIJS
A child must obtain a special findings order in a state “juvenile court” proceeding2 before applying for SIJS with U.S. Citizenship and Immigration Services. The court order must include findings that:

  1. it is not in the child’s best interest to be returned to the country of origin;
  2. the child’s reunification with one or both parents is not viable due to abuse, neglect, or abandonment, or a similar basis under state law; and
  3. the child has been declared dependent on the court or placed by the court under the custody of an agency, department, individual, or entity.

The child must also be under age 21 and unmarried to qualify for SIJS.3
These court findings can be obtained in various types of proceedings, including dependency, delinquency, guardianship, custody, or adoption. Once the court order has been obtained, the child can begin the process of applying for SIJS with the help of an experienced immigration practitioner. During the SIJS process, the child welfare worker can play a very important role in providing documentation to the immigration practitioner, transporting the child to various appointments, and serving as a liaison between the child’s immigration attorney and the human services team.
Permanency for SIJS-eligible children
Too many children go through the juvenile court system without being identified as SIJS-eligible and miss out on this extremely valuable benefit. Eligible youth lose the chance to apply for SIJS when they turn 21, or if court jurisdiction terminates before the SIJS application is filed or (in some cases) adjudicated. Potentially eligible children have the best outcomes when they are identified as early as possible and referred to an experienced immigration attorney who may further assess SIJS eligibility and assist the child in obtaining SIJS.
Receiving LPR status through SIJS can change a child’s future and put them on a path to permanency and stability in the United States. It may be one of the most important things you can do for an undocumented child.4
The information provided in this post is for limited educational purposes only. Immigration law is a complex and frequently changing area of law. Consult with an experienced immigration attorney for immigration legal advice.
Attorney Rebecca Scholtz represents children in SIJS applications as a Liman Fellow at Mid-Minnesota Legal Aid. Rebecca provides technical assistance on children’s immigration issues to service providers including child welfare professionals. If you work in Minnesota and are interested in training or resources on children’s immigration issues, feel free to contact Heidi Skallet, Policy Blog editor, at [email protected] for Rebecca’s contact information. Additionally, child welfare professionals in Minnesota can contact Rebecca if they encounter a child who may be SIJS-eligible.
1See 8 U.S.C. § 1101(a)(27)(J).
2See 8 C.F.R. § 204.11(a) (defining “juvenile court” as any court which has the authority under state law to make determinations about the custody and care of juveniles).
3See 8 U.S.C. § 1101(b)(1).
4It is crucial that any child applying for SIJS be carefully screened, advised, and assisted by a qualified immigration practitioner, as the SIJS application carries some risks to the child. Specifically, if the application is denied, the child could be placed in removal proceedings. Further, children who are granted LPR status through SIJS can never petition their parents for immigration benefits.