Abandoned, neglected, abused, and stuck waiting: Rethinking special immigrant juvenile status

Abstract

Special Immigrant Juvenile is a special status an immigrant child can receive if they are under the age of 21, unmarried, and have been abandoned, neglected, or abused by one or both parents. This designation enables children to apply for lawful permanent residence. Special Immigrant Juvenile Status (“SIJS”) was placed into the EB‐4 visa preference category, which has strict caps, resulting in an extreme backlog. These children, whose eligibility has been established through state juvenile court fact‐finding and recognized by the federal government through SIJS classification, are now left in a state of legal limbo.