A common question young immigrants have when considering Special Immigrant Juvenile Status (SIJS) is whether they can still qualify if they’re living with one of their parents. The short answer is yes — you may still qualify, depending on your situation.

At Whitaker Legal, we help young people understand whether they meet SIJS requirements and guides them through every step of the process. Here’s how this works.

Understanding the Basics of SIJS

SIJS is a special immigration benefit for children or youth who:

• Have been abused, neglected, or abandoned by one or both parents, and

• Have a family or juvenile court order stating it’s not in their best interest to return to their home country.

This protection allows qualifying youth to apply for a green card and eventually become lawful permanent residents.

You Don’t Have to Be Separated From Both Parents

One of the biggest misconceptions about SIJS is that a child must have no parents or must be separated from both parents to qualify. That’s not true.

The law clearly allows SIJS findings when reunification with one parent is not viable due to abuse, neglect, or abandonment — even if the child lives safely with the other parent or guardian.

For example, you may qualify if:

• One parent abandoned you when you were young or even more recently, and you now live with the other parent;

• One parent sent you to the United States to protect you from crime or for economic reasons and now they no longer support you financially; or

• One parent was abusive or neglectful, and the other provides care and stability.

What the Court Has to Decide

The family or juvenile court makes a key determination in your SIJS case. The judge must find that:

1. You are dependent on the court, or the court has placed you under the custody of a parent, guardian, or other individual;

1. Reunification with one or both parents is not possible because of abuse, neglect, or abandonment; and

1. It is not in your best interest to return to your home country.

So even if you’re living with one parent, you can still receive an SIJS order if the other parent cannot safely care for you or has abandoned you.

Example Situations

Here are a few examples of cases where living with one parent did not prevent SIJS eligibility:

• A youth lives with their mother after the father abandoned the family years ago.

• A child is under guardianship of their father because the mother abused or neglected them.

• A young person was brought to the U.S. by one parent after the other refused to provide support or disappeared.

• A teenager was sent to the U.S. to live with the other parent to escape gang violence or because the parent abroad could no longer provide financial support.

In each of these cases, the family court can issue findings that reunification with one parent is not viable.

Why Legal Guidance Matters

Although it’s possible to qualify for SIJS while living with one parent, these cases can be legally complex. The court order must be carefully written to include all required findings — and USCIS will closely review how the judge determined that reunification with one parent is not viable.

Working with an experienced attorney ensures your case is properly prepared and supported by strong evidence.

At Whitaker Legal, attorney Nicole M. Whitaker helps clients gather the right documents, prepare for court, and obtain orders that meet both state law and federal SIJS requirements.

Talk to a Maryland SIJS Attorney Today

If you’re living with one parent and wondering whether you still qualify for Special Immigrant Juvenile Status, don’t assume you’re ineligible — you may still have a strong case.

Call Whitaker Legal at 410-207-9272 or visit our website to schedule a consultation with attorney Nicole M. Whitaker. Our team is here to guide you every step of the way toward safety and a stable future in the U.S.