Be under 21 years of age.

Only at the time you file the SIJ petition before USCIS.

Be currently living in the United States. For our office to represent you in the State Court, you must reside in Maryland. You cannot apply from outside the country to come to the United States on SIJ classification.

Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.

Be unmarried. This means you either:

·       Have never been married; or

·       Were previously married, but the marriage ended in annulment, divorce, or death.

Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.

Have a valid juvenile court order issued by a state court in the United States which finds that:

·       You are dependent on the court, or in the custody of a state agency or department or an individual or entity appointed by the court;

·       You cannot be reunified with one or both of your parents because of ANY of the following:

·       Abuse,

·       Abandonment,

·       Neglect or

·       A similar basis under state law;

AND

·       It is not in your best interests to return to the country of nationality or last habitual residence of you or your parents.

Note: Some juvenile courts may only be able to issue a juvenile court order if you are under 18 years of age. In Maryland the age limit for these type of cases is 21.

Both at the time you file the SIJ petition and at the time USCIS makes a decision on your petition.

EXCEPTIONS: You do not need to currently be under the jurisdiction of the juvenile court that issued your order if the court's jurisdiction ended solely because:

·       You were adopted or placed in a permanent guardianship; or

·       You aged out of the juvenile court's jurisdiction.

Be eligible for USCIS consent. This means that you must have sought the juvenile court order to obtain relief from abuse, neglect, abandonment or a similar basis under state law and not primarily to obtain an immigration benefit.

At the time USCIS makes a decision on your petition.

Have written consent from the Department of Health and Human Services (HHS)/ Office of Refugee Resettlement (ORR) to the court's jurisdiction if:

·       You are currently in the custody of HHS, AND

·       The juvenile court order also changes your custody status or placement.

At the time USCIS makes a decision on your petition.