C.  Application




Reference

The process of applying for SIJ status can either be
  • asserted defensively for a child against whom Immigration and Customs Enforcement has commenced removal proceedings; or
  • asserted affirmatively for a child who is eligible for SIJ status but is not in removal proceedings. 


 Reference
The SIJ process requires two separate applications:
  • Petition for Special Immigrant (submitted on form I-360); and
Reference
  • Application to Adjust Status (submitted on form I-485).






8 CFR 27.12(c)(9)
Each application has a different set of requirements. In addition to the court order discussed above, additional documents which must be submitted in support of the I-360 and the I-485 are listed in the instructions accompanying the forms.   

Approval of an SIJ petition (I-360) makes a petitioner immediately eligible to adjust status by filing a Form I-485. Although the I-360 must be approved prior to adjudication of the I-485, many immigration law practitioners find it best practice to file the I-360 Special Immigrant Petition and I-485 Application to Adjust Status at the same time. One advantage of joint filing is that the submission of the I-485 triggers the ability to obtain employment authorization and the resulting ability to obtain other identity documents, such as a driver’s license and social security number.               

KEEP IN MIND:

A child must be in the permanent placement phase and not reunified with a parent or still going through reunification.

The Court’s orders should make clear that the above findings are based on abuse, neglect, or abandonment, and not simply for immigration purposes.

The juvenile court order should specifically identify whether abuse, neglect or abandonment was the basis for the dependency or placement order.