If you are a young person in the United States who is currently in removal (deportation) proceedings, you may be wondering if you still have options to stay in the country legally. One important form of relief for certain minors is Special Immigrant Juvenile Status (SIJS). Many children and teenagers facing deportation can still qualify for SIJS — but the process requires careful legal guidance.
At Whitaker Legal, our immigration attorneys have helped many young immigrants in Maryland and across the U.S. navigate complex SIJS cases, even while in removal proceedings. Here’s what you should know.
What Is Special Immigrant Juvenile Status (SIJS)?
SIJS is a type of immigration relief created to help children who have been abused, neglected, or abandoned by one or both parents. It allows eligible minors to apply for lawful permanent residence (a green card) in the U.S.
To qualify, you must:
- Be under 21 years old at the time you apply;
- Be unmarried;
- Have a juvenile court order stating that you cannot reunify with one or both parents due to abuse, neglect, or abandonment;
- That it’s not in your best interest to return to your home country.
Can You Apply for SIJS While in Removal Proceedings?
Yes. You can apply for SIJS even if you are already in deportation (removal) proceedings before an immigration judge.
In fact, many young people in this situation do so successfully. However, it’s important to understand that there are two parts to the process:
- State Juvenile Court Process:
You must first obtain a predicate order from a Maryland (or other state) juvenile court. This order makes findings about your family situation — confirming that you have been abused, neglected, or abandoned and that it’s not in your best interest to return to your home country. Note that requirements and deadlines to apply are different across states. For example, in some states, you must obtain the SIJS predicate order from the state court before you turn 18. In others, the deadline may be 19, 21, or even 22 years old. In Maryland, the predicate order may be issued until the SIJS applicant turns 21 with a proviso that the abuse, abandonment or neglect occurred before the applicant turned 18 years old.
- USCIS Immigration Process:
Once you have the court order, your attorney files a petition (Form I-360) with U.S. Citizenship and Immigration Services (USCIS). If it’s approved, you can then apply for your green card — even if your deportation case is still open. Your attorney can request that the immigration judge pause or close your removal case while the SIJS application is pending.
Because immigration judges, USCIS, and state courts all play a role, it’s essential to have an attorney experienced in coordinating these steps. Timing and documentation are critical.
Why Legal Representation Matters
Handling SIJS cases during deportation proceedings can be complicated. Your lawyer must:
- Work with family or juvenile courts to obtain the necessary order;
- Communicate with the immigration court about your pending application;
- Ensure your SIJS petition and green card application are properly prepared and filed on time.
A small mistake could delay or even jeopardize your case — which is why professional guidance is so important.
Work with an Experienced Maryland Immigration Attorney
At Whitaker Legal, we understand that every young immigrant’s story is unique. Attorney Nicole M. Whitaker has years of experience helping children and families facing deportation secure SIJS and other humanitarian forms of relief. Our firm proudly represents clients throughout Maryland and across the United States.
If you or your child is in removal proceedings and want to know if SIJS could be an option, we invite you to schedule a confidential consultation today.
Call Whitaker Legal at 410-207-9272 or visit whitaker-legal.com/schedule to book your consultation and learn how we can help you build a future without barriers.
