Forms & Fees: For Special Immigrant Juvenile Status (SIJS) Applicants
Forms
Immigration attorneys will typically file three applications for SIJS applicants.
I-360 Petition for Special Immigrant
- This grants the child approval for a visa and must be determined
before the child reaches the "age of majority" and while the child is
still dependent upon the juvenile court (depending on state child
welfare laws, a child may remain dependent anywhere from age 18 to
21). Prior to submitting the I-360, a DUCS¹ foster care child must have
received "specific consent" from the Department of Homeland Security
(DHS) to seek juvenile court jurisdiction (or "dependency"), and then
subsequently received a juvenile court order finding that:
- The child is dependent on the state due to abuse, abandonment or neglect;
- The child is eligible for long-term foster care; and
- It is not in the child’s best interests to return to the country of origin.
I-485 Application for Adjustment of Status (Green Card)
- If the I-360 is granted, the child is immediately eligible to "adjust
status" to that of a Legal Permanent Resident (also called LPR,
permanent resident, or green card holder). That process requires the
submission of the I-485. SIJS-eligible children must adjust status to
LPR status while still dependent upon the juvenile court, or they will
become ineligible for legal status. That is, both the I-360 and the I-485 must be adjudicated before the child turns 21 and while the child is
still under the jurisdiction of the juvenile court, which in some states
may end before age 21.
- Children who are not in removal proceedings would file the I-360 and
the I-485 simultaneously. However, children who are in removal
proceedings (going to hearings in immigration court)-which will
include most DUCS children—must file the I-360 first. Once it is
approved by U.S. Citizenship and Immigration Services (USCIS), the
child can file the I-485 with the immigration court. While children are
still in removal proceedings, only the immigration judge has
jurisdiction over adjudication of the I-485 (also called adjustment of
status). For children not in removal proceedings, or for whom removal
proceedings have been terminated, USCIS has jurisdiction over
adjudication of the I-485.
- In addition to whether a child is, or is not, in removal proceedings, an
immigration attorney may also consider local factors in the
adjudication of SIJS cases, such as which system (USCIS or the
immigration court) is more child friendly, which system can adjudicate the I-485 more quickly, or how each system might deal with any
complicating factors (such as past arrests or delinquency issues).
I-765 Application for Employment Authorization Document (EAD, or Work Permit)
- Work authorization is typically a minor concern for the child's
immigration attorney, and often a major concern for the child. On a
practical level, the work permit also serves as an important form of
identification for youth who have little official identification. A work
permit can provide youths with hope, so that they are more willing to
wait out the lengthy legal process for SIJS and a green card.
- A work permit application can be submitted along with the permanent
residency application (I-485), or with an asylum application (I-589).
So, a child who is still in removal proceedings and must submit the
I-360 and the I-485 applications separately will not be able to submit a
work permit application until the I-360 is approved and the I-485 is
submitted. Once the I-485 is granted, the work permit is no longer
necessary, nor valid.²
Fees, Expenses and Waivers
Note: USCIS fees change regularly. The fees listed below went into effect July 30, 2007.
For current fees, check www.uscis.gov (search "Fee Schedule" or look under "Immigration Forms").
Fees
- I-360
- Fee eliminated as of 7/30/07, No Fee
- I-485 (Adjustment of Status)
- Fee if under 14, $930
- Fee for all others, $1,010
- Biometrics (USCIS fingerprints)
- Fee included in I-485 package fee, otherwise $80
- I-693 Medical exam and vaccination supplement form
- Fee set by and paid to examiner only, variable
- o I-765 (Work Authorization)
- Fee included in I-485 fee, otherwise $340
Expenses
- Original certified copy of juvenile court order
- 2 Birth certificates
- 2 Certified English translations of birth certificate
- 4 Passport style photos
- Certificates of disposition (if the child was ever arrested)
- Transportation to and from attorney's offices, court dates, USCIS appointments
Fee Waivers
- Some attorneys have successfully submitted fee waivers for child
clients, though local practice must be considered, since fee waivers
can cause adjudication delays in some USCIS districts. No
government form exists for submitting a fee waiver, but for a sample
fee waiver form developed by CLINIC, go to:
www.cliniclegal.org/Refugee/Docs/
FeeWaiverForm_Instructions.doc
¹ "DUCS" refers to children in programs funded by the Office of Refugee Resettlement's (ORR) Division of Unaccompanied Children's Services programs.
² For more on work permits, see, "Work Permit 'Q & A': For Children in DUCS Foster Care."
 Download: Forms and Fees
©Copyright 2008
United States Conference of Catholic Bishops
Migration and Refugee Services
3211 4th Street, NE
Washington, D.C. 20017
202/541-3352, mrs@usccb.org, www.usccb.org/mrs Reproduction, in whole or in part, for noncommercial purposes (that is, use of the work in a manner in which nothing of value is exchanged) is permitted with the following notice: Reprinted with permission of the United States Conference of Catholic Bishops/Migration and Refugee Services (USCCB/MRS).
Last updated: May 2008
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