1. Get a State Court Order with SIJ Findings
In New York, this usually happens in Family Court through a guardianship or custody case. The judge must find that (1) you are dependent on the court or placed in someone’s custody, (2) you cannot reunite with one or both parents because of abuse, neglect, abandonment, or a similar reason under state law, and (3) returning to your home country is not in your best interest. We prepare the petition, evidence, and proposed findings for the court.
2. File Form I-360 with USCIS
With the Family Court order, we file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS before you turn 21. The filing date usually becomes your priority date for the green card. By law, USCIS must decide SIJ petitions within 180 days.
3. Apply for a Green Card (Form I-485)
When your priority date is current in the Visa Bulletin, you can file Form I-485 to become a lawful permanent resident. If a visa is already available, the I-360 and I-485 can be filed together. If you are in Immigration Court, we can ask the judge to pause or close your case so USCIS can decide your green card.