Once a court has found that the child was abused, neglected, or abandoned, and that it is not in his or her best interest to return to his or her home country, the child may file a petition with U.S. Citizenship and Immigration Services (USCIS) requesting Special Immigrant Juvenile Status.

To be eligible for Special Immigrant Juveniles status:

• You must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
• Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own.
• You cannot be married, both when you file your application and when USCIS makes a decision on your application.
• You must be inside the United States at the time of filing the Form I-360.
• If you are in the legal custody of the U.S. Department of Health and Human Services (HHS): Not all Special Immigrant Juveniles visa holders qualify for lawful permanent residency and an immigration attorney can determine if you or your ward qualifies to receive lawful permanent residency under this program. The Application to Register Permanent Residence or Adjust Status (Form I-485) may be submitted at the same time as the I-360 Petition, if it is ready at the time. The USCIS will not make a decision on the I-485 unless and until it grants Special Immigrant Juvenile Status. Whether you received your special immigrant juvenile visa and green card concurrently or apply for an adjustment of status after your Special Immigrant Juveniles application is approved, you generally receive most of the same rights and privileges as other lawful permanent residents.