Special Immigrant Juvenile Status (SIJS) is a US immigration classification for children in the United States whom a state juvenile court has found were abused, neglected or abandoned by a parent. It can open a path to applying for a green card, subject to the separate adjustment requirements. This page explains the steps as USCIS publishes them, then covers what matters for a Guatemalan child: the best-interest finding about returning to Guatemala, Guatemalan birth certificates, what happens to parents still in Guatemala, and travel. It is not legal advice. SIJS starts in a state court, and the standards used there can vary from state to state, so a child or caregiver needs a lawyer or accredited representative. For other routes, see asylum for Guatemalans in the US and TPS for Guatemalans.
Quick summary: SIJS has three stages. First, a US state juvenile court issues orders on dependency or custody, finds that reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis under state law, and finds it is not in the child’s best interest to be returned to Guatemala (or to another country of nationality or last habitual residence of the child or a parent). Second, the child files Form I-360 with USCIS before turning 21, while unmarried. Third, the child applies for the green card on Form I-485; the green card comes from the EB-4 visa category, so a visa must be immediately available when the I-485 is filed. Fees (USCIS G-1055, edition 10/07/26): I-360 for SIJ is $0 plus a $250 Pub. L. 119-21 fee that cannot be waived; I-485 for SIJ is $0. An SIJ’s natural or prior adoptive parents may not receive any immigration benefit through that child.
The three stages: state court, Form I-360, then the green card
USCIS does not decide abuse or neglect itself. The USCIS Policy Manual (Volume 6, Part J, current as of October 2, 2026) defines a juvenile court as “a U.S. court having jurisdiction under state law to make judicial determinations on the dependency and/or custody and care of juveniles”. The Manual’s general position is that USCIS defers to the court on matters of state law and “does not go behind the juvenile court order to reweigh evidence”.
| Stage | Who decides | What is needed (USCIS sources) |
|---|---|---|
| 1. Juvenile court orders | A US state court with jurisdiction over dependency or custody of juveniles | (a) dependency on the court, or custody placement with a state agency or a court-appointed person; (b) reunification with one or both parents not viable due to abuse, neglect, abandonment or a similar basis under state law; (c) not in the child’s best interest to be returned to the country of nationality or last habitual residence |
| 2. Form I-360 | USCIS | Filed before the 21st birthday, child unmarried and in the US; copy of birth certificate or other proof of age; copy of the court orders with the specific findings of fact; HHS consent if the order changed a placement while the child was in HHS custody |
| 3. Form I-485 (green card) | USCIS (or the immigration court) | An EB-4 immigrant visa immediately available when the I-485 is filed and when the final decision is made |
What the court orders must say
The I-360 instructions say the child must have been the subject of a juvenile court determination that “reunification with one or both of the juvenile’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law”. Only one parent needs to be involved: the Policy Manual says a qualifying custodial placement could be with one parent if reunification with the other parent is not viable because of that parent’s abuse, neglect, abandonment or similar maltreatment.
The best-interest finding is where Guatemala enters the file. The court, or an administrative proceeding the court recognizes, must determine that it “would not be in the juvenile’s best interest to be returned to the juvenile’s or his or her parent’s country of citizenship or nationality or last habitual residence”. For a Guatemalan child that is a finding about returning to Guatemala, the country of nationality; a different last habitual residence or a parent’s country can also be the country the finding addresses. The Policy Manual adds that juvenile courts do not decide removal or deportation; the standards for best-interest determinations “may vary between states”.
DHS consent and the court findings
In its section on DHS consent, the Policy Manual focuses on whether “a primary reason the required juvenile court determinations were sought was to obtain relief from parental abuse, neglect, abandonment, or a similar basis under state law”. The I-360 instructions ask for the court documents including the specific findings of fact behind the court’s decisions.
Children who were in HHS custody
If a child is or was in HHS custody and the juvenile court order changed the child’s custody status or placement during that time, the petitioner must provide documentation of HHS consent to the court’s jurisdiction. The Policy Manual adds: “HHS consent is not required if the order simply restates the juvenile’s placement in HHS custody.” For the release-to-sponsor process itself, see our guide to sponsoring an unaccompanied Guatemalan child.
The age rule: file before 21
The USCIS I-360 page says “you must file your petition for SIJ classification before your 21st birthday” (8 CFR 204.11(b)). The Policy Manual adds that state law controls whether a petitioner counts as a child for the juvenile court’s custody or dependency jurisdiction, so check the state’s own age rules for the court stage as well.
| Age point | Rule (USCIS source) |
|---|---|
| Filing the I-360 | Must be filed before the 21st birthday (I-360 page); the child must be unmarried and under 21 (I-360 instructions) |
| Within 2 weeks before turning 21 | In-person filing at a USCIS field office by appointment; call the USCIS Contact Center at 800-375-5283 to request an SIJ expedite appointment; the office date-stamps the first page (I-360 page) |
| I-360 decided after age 21 | USCIS cannot deny SIJ classification solely because the petitioner is older than 21 years of age at the time of adjudication (Policy Manual) |
| Green card (I-485) | USCIS green card page: “There is no age limit to apply for a Green Card as an SIJ.” |
| Marriage | Policy Manual lists being unmarried at the time of filing and adjudication of the I-360 |
The Policy Manual says the field office does not examine the petition for completeness. The I-360 page also says that on October 7, 2026 USCIS changed the filing location for Form I-360, with a 30-day grace period for forms postmarked on or before November 9, 2026 and sent to any prior filing location. Check the current I-360 filing location before mailing.
Fees in 2026
| Form | Category | Fee (USCIS G-1055, edition 10/07/26) |
|---|---|---|
| I-360 | General filing | $515 |
| I-360 | Filing as a Special Immigrant Juvenile | $0 plus additional fee |
| I-360 | Additional Fee: Pub. L. 119-21 | $250 |
| I-485 | Person seeking or granted SIJ classification | $0 |
| I-485 | General filing (for comparison) | $1,440 paper / $1,390 online |
G-1055 says the Pub. L. 119-21 fees “are not waivable and must be paid by separate payment concurrent with any filing fee”, and that they adjust each year as required by law. It also says you may not request a fee waiver of the Pub. L. 119-21 fees, so a USCIS fee waiver cannot cover the $250. G-1055 also says cash can never be used to pay a filing fee.
From SIJ to green card
Once USCIS approves the I-360, the child is classified as an SIJ. The USCIS green card page says SIJs are deemed paroled for the purpose of applying for adjustment of status, which means USCIS will consider the SIJ paroled when it decides the I-485, regardless of how the child arrived in the US. SIJs are also exempt from all bars to adjustment except the terrorist-related adjustment bar in section 245(c)(6).
The visa comes from the EB-4 (employment-based fourth preference) category. The I-485 can only be filed when a visa is immediately available. USCIS’s filing-charts page says that for all employment-based categories applicants must use the Dates for Filing chart in the State Department’s Visa Bulletin for October 2026. We could not load the Visa Bulletin on October 15, 2026, so this page does not state any EB-4 dates for Guatemala; check the current bulletin or ask your representative.
Documents for the I-485 on the USCIS list include two passport-style photos, a copy of a government-issued photo ID if available, and a copy of the birth certificate. Check the full USCIS list before filing.
If the child is in removal proceedings, the USCIS page says USCIS generally does not have jurisdiction over the green card application unless the child is an arriving alien or until proceedings end. The same page refers to an I-485 filed with the immigration court or with USCIS.
Guatemalan documents
- Birth certificate. The I-360 needs a copy of the birth certificate or other evidence of age. The State Department’s Guatemala civil-documents guidance says to request birth certificates from RENAP, not from the city or town. Our guide to a Guatemalan birth certificate and apostille from the USA covers requesting one from the US.
- Identity document. The I-485 list asks for a copy of a government-issued photo ID if available. See our guide to a Guatemalan passport from the USA.
- Translation. The I-360 instructions say every foreign-language document needs a full English translation, and the translator must sign a certification that it is complete and accurate and that they are competent to translate from the foreign language into English.
The USCIS sources we read do not mention an apostille requirement for SIJ filings.
What SIJS means for the parents in Guatemala
The I-360 instructions say that after an SIJ becomes a permanent resident, his or her natural or prior adoptive parents may NOT receive any immigration benefit based on that relationship. The USCIS green card page adds that the SIJ “cannot confer any immigration benefit to your natural or prior adoptive parents(s), even if you naturalize”. So a child who gets SIJS cannot later use that relationship to get an immigration benefit for a parent; see our guide to petitioning for a Guatemalan parent for how that route works for others. No one may file as a derivative applicant of an SIJ, but after the green card the SIJ may petition for qualifying family members through family-based immigration.
Interviews, revocation and travel
- Interview. The Policy Manual (Chapter 4) says USCIS generally does not require an interview if the record contains sufficient information and evidence to approve the petition without an in-person assessment, but it adds that “USCIS retains the discretion to interview SIJ petitioners” when appropriate. If there is an interview, officers avoid questioning the petitioner about the details of the abuse, neglect or abandonment, and the petitioner may bring a trusted adult in addition to an attorney or representative.
- Automatic revocation. An approved I-360 is automatically revoked if, before the green card decision, there is reunification of the SIJ, by virtue of a juvenile court order, with a parent (or both parents) that the juvenile court previously found reunification with not viable due to abuse, neglect, abandonment or a similar basis under state law, or the juvenile court reverses its best-interest determination about returning to the country of nationality or last habitual residence. The Policy Manual adds that revocation does not occur where the juvenile court places the child with the parent who was not the subject of the non-viable reunification finding.
- Travel to Guatemala. The USCIS green card page warns that leaving the US without an advance parole document while the I-485 is pending will, as a general matter, make USCIS consider the application abandoned. Get an advance parole document before travelling.
Deferred action for SIJs: the rules point in different directions
The A.C.R. v. Noem court describes a USCIS deferred-action program for SIJs (under a 2022 Policy Alert) that USCIS rescinded in June 2025. As of October 15, 2026, two sources say different things:
- USCIS Policy Manual (current as of October 2, 2026): “USCIS will not consider requests for renewal of deferred action for aliens with SIJ classification who remain ineligible to apply for adjustment of status because an immigrant visa number is not immediately available.” Earlier grants stay valid for their authorized period unless USCIS ends them case by case.
- Federal court, A.C.R. v. Noem (E.D.N.Y., No. 25-CV-3962), order of November 19, 2025: “The rescission of the 2022 Policy Alert is stayed pending further judicial review.” The court declined to order USCIS to make deferred-action and work-permit decisions within set timeframes.
The USCIS fee schedule (10/07/26) still lists a $0 paper-filing EAD category for Special Immigrant Juvenile (SIJ DA). We could not confirm from an official source today how USCIS is applying the court order, or whether the case has moved since. Anyone relying on SIJ deferred action should ask their representative about the current status.
Sources
- USCIS, Green Card Based on Special Immigrant Juvenile Classification: https://www.uscis.gov/green-card/green-card-eligibility/green-card-based-on-special-immigrant-juvenile-classification (last reviewed July 8, 2025)
- USCIS, Form I-360 page: https://www.uscis.gov/i-360 (last reviewed October 7, 2026) and instructions: https://www.uscis.gov/sites/default/files/document/forms/i-360instr.pdf (edition 01/20/25)
- USCIS, Form G-1055 fee schedule: https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf (edition 10/07/26)
- USCIS Policy Manual, Volume 6, Part J, Chapters 2 and 4: https://www.uscis.gov/policy-manual/volume-6-part-j-chapter-2 and https://www.uscis.gov/policy-manual/volume-6-part-j-chapter-4 (current as of October 2, 2026)
- USCIS, Adjustment of Status Filing Charts: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
- US State Department, Guatemala civil documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Guatemala.html
- A.C.R. v. Noem, No. 25-CV-3962 (EK)(TAM) (E.D.N.Y.), Memorandum & Order, November 19, 2025
All sources checked 15 October 2026. More US immigration guides for Guatemalans: Diaspora hub.
Frequently Asked Questions
What is Special Immigrant Juvenile Status (SIJS)?
USCIS describes SIJ classification as allowing certain children to apply for lawful permanent resident status (a green card) after they have been subject to state juvenile court proceedings related to parental abuse, neglect, abandonment or a similar basis under state law. The petition for SIJ classification is filed with USCIS on Form I-360.
Who qualifies for SIJS?
Per the Form I-360 instructions (edition 01/20/25), the child must be present in the United States, unmarried and under 21, and must have three findings from a US juvenile court process: dependency on the court or a court-ordered custody placement; that reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis under state law; and that it would not be in the child’s best interest to be returned to the country of nationality or last habitual residence. For a Guatemalan child, Guatemala is the country of nationality the finding addresses; the rule also covers the parents’ country and the last habitual residence.
What is the deadline to file Form I-360 for SIJS?
The USCIS I-360 page says an SIJ petition must be filed before the 21st birthday (8 CFR 204.11(b)). The same page says USCIS will allow the petitioner to file the I-360 in person at a USCIS field office within 2 weeks before turning 21; the petitioner, or their attorney or accredited representative, may call the USCIS Contact Center at 800-375-5283 to request an SIJ expedite appointment. The USCIS Policy Manual says USCIS cannot deny SIJ classification solely because the petitioner is older than 21 years of age at the time of adjudication.
How much does SIJS cost in 2026?
The USCIS fee schedule (Form G-1055, edition 10/07/26) lists Form I-360 for a Special Immigrant Juvenile at $0 plus an additional Pub. L. 119-21 fee of $250. G-1055 says the Pub. L. 119-21 fees cannot be waived, must be paid separately and adjust each year. Form I-485 filed by a person seeking or granted SIJ classification is $0.
Can a child with SIJS later petition for their parents in Guatemala?
No. The I-360 instructions say that after a special immigrant juvenile becomes a permanent resident, the natural or prior adoptive parents may not receive any immigration benefit based on that relationship, and the USCIS green card page says this applies even if the SIJ naturalizes. After getting a green card, the SIJ may petition for qualifying family members through family-based immigration.
Can I travel to Guatemala while my SIJ green card application is pending?
The USCIS green card page for SIJs warns that if you have a pending Form I-485 and leave the United States without an advance parole document, in general USCIS will consider the application abandoned. Get an advance parole document before travelling.
Does a Guatemalan birth certificate work as proof of age for SIJS?
The I-360 instructions require a copy of the juvenile’s birth certificate or other evidence of age under 8 CFR 204.11(d)(2), and the I-485 list also asks for a copy of the birth certificate. The State Department’s Guatemala civil-documents guidance says to request birth certificates from RENAP, not from the city or town. Spanish documents need a full English translation with a signed translator certification.
