Special Immigrant Juvenile Adjustment Under INA §245(h)

How does a Special Immigrant Juvenile adjust status?

See the Special Adjustment Categories hub for the broader adjustment framework.

Step 1: Obtain Special Immigrant Juvenile classification

Adjustment begins with the underlying Special Immigrant Juvenile classification.

The applicant generally must have an approved Form I-360 establishing classification as a special immigrant described in INA §101(a)(27)(J).

The SIJ petition process involves requirements separate from Form I-485, including qualifying state juvenile-court findings and USCIS consent to SIJ classification.

For adjustment purposes, the critical question is whether the SIJ classification remains valid and can support permanent residence.

Step 2: An immigrant visa must be available

Special Immigrant Juveniles are allocated immigrant visas through the employment-based fourth preference category.

As a result, an approved SIJ petition does not necessarily mean that Form I-485 can immediately be filed or approved.

The applicant should determine:

• The priority date associated with the SIJ petition;
• The applicable EB-4 Visa Bulletin category;
• The applicant's country of chargeability;
• The USCIS employment-based filing chart for the month of filing; and
• Whether an immigrant visa is available for final adjudication.

See Visa Availability for Adjustment of Status.

SIJ applicants are deemed paroled for INA §245(a)

INA §245(h)(1) provides one of the most important protections in SIJ adjustment.

For purposes of INA §245(a), a person classified as a Special Immigrant Juvenile is deemed to have been paroled into the United States.

This means an SIJ applicant can satisfy the admission-or-parole component of §245(a) even when the applicant originally:

• Entered the United States without inspection;
• Crossed the border without being admitted;
• Cannot establish a conventional lawful admission; or
• Never received ordinary immigration parole connected with the original entry.

See SIJ Deemed Parole for Adjustment.

Deemed parole is limited to the adjustment analysis

The statutory deemed-parole rule should not be confused with an actual discretionary grant of parole by DHS.

Deemed parole under INA §245(h):

• Satisfies the admission-or-parole requirement for purposes of INA §245(a);
• Does not retroactively convert the original entry into an admission;
• Does not mean DHS actually issued an ordinary parole document;
• Does not itself create nonimmigrant status;
• Does not itself authorize employment; and
• Does not function as a travel document for return to the United States.

The rule exists specifically so the SIJ can satisfy the adjustment threshold created by §245(a).

Most INA §245(c) adjustment bars do not apply to SIJs

Current regulations provide unusually favorable treatment for SIJ adjustment applicants.

Under 8 C.F.R. §245.1(e)(3), an applicant classified as a Special Immigrant Juvenile is subject only to the INA §245(c)(6) adjustment bar.

That means the ordinary adjustment bars involving matters such as:

• Unauthorized employment;
• Failure to maintain lawful immigration status;
• Unlawful immigration status on the filing date;
• Certain violations of nonimmigrant status;
• Visa Waiver Program admission; and
• Other ordinary §245(c) restrictions

generally do not operate against the SIJ applicant in the same manner they operate against ordinary adjustment applicants.

Unauthorized employment does not create the ordinary SIJ adjustment bar

An SIJ applicant may have worked without authorization before filing Form I-485.

Because the ordinary INA §245(c) unauthorized-employment bars do not apply to SIJ adjustment in the usual manner, unauthorized work by itself does not create the same adjustment obstacle that it can create for many family-preference or employment-based applicants.

The underlying conduct should still be disclosed accurately where the forms require it.

Related conduct can create separate concerns if the employment involved:

• A false claim to U.S. citizenship;
• Fraudulent immigration documents;
• A material immigration misrepresentation;
• Criminal conduct; or
• Another independently relevant statutory issue.

See Unauthorized Employment and Adjustment of Status.

Failure to maintain lawful status generally does not bar SIJ adjustment

Many SIJ applicants have immigration histories that would create serious adjustment problems in ordinary cases.

An SIJ may have:

• Entered without inspection;
• Never held nonimmigrant status;
• Overstayed a prior admission;
• Violated nonimmigrant status; or
• Experienced substantial periods without lawful immigration status.

The combination of deemed parole under INA §245(h) and the specialized treatment of §245(c) bars makes adjustment possible in many such cases.

Special immigrant classifications receive different treatment under the INA §245 adjustment bars. For the broader statutory exemptions and how SIJ treatment fits within them, see Special Immigrant Exemptions from Adjustment Bars.

SIJ adjustment has special inadmissibility rules

INA §245(h)(2) changes the ordinary INA §212 inadmissibility analysis for Special Immigrant Juveniles.

Some inadmissibility grounds do not apply to SIJ adjustment at all, while other grounds may potentially be waived for humanitarian purposes, family unity, or when otherwise in the public interest.

Still other grounds cannot be waived through the special SIJ waiver authority.

The next page in this series addresses SIJ inadmissibility and waivers in detail.

Several important inadmissibility grounds do not apply

INA §245(h)(2)(A) provides that specified grounds of inadmissibility do not apply when USCIS adjudicates SIJ adjustment.

These include statutory provisions addressing matters such as:

• Public charge under INA §212(a)(4);
• Labor certification under INA §212(a)(5)(A);
• Presence without admission or parole under INA §212(a)(6)(A);
• Certain misrepresentation grounds under INA §212(a)(6)(C);
• Stowaways under INA §212(a)(6)(D);
• Immigrant documentation requirements under INA §212(a)(7)(A); and
• The three- and ten-year unlawful-presence bars under INA §212(a)(9)(B).

The exact statutory subsection should be identified before concluding that an inadmissibility issue does or does not apply.

Other inadmissibility grounds can sometimes be waived

INA §245(h)(2)(B) gives USCIS special discretionary waiver authority over many otherwise applicable inadmissibility provisions.

The waiver can be granted:

• For humanitarian purposes;
• To assure family unity; or
• When the waiver is otherwise in the public interest.

This waiver standard is materially different from many ordinary family-based waivers that require proof of extreme hardship to a specifically defined qualifying relative.

Some inadmissibility grounds are expressly excluded from the SIJ waiver authority and require particularly careful analysis.

Public charge does not apply to SIJ adjustment

INA §245(h) expressly removes INA §212(a)(4) from the SIJ adjustment inadmissibility analysis.

As a result, an SIJ adjustment applicant is not denied permanent residence under the ordinary public-charge inadmissibility ground.

This reflects the humanitarian nature of SIJ classification and the circumstances of children who have been abused, neglected, abandoned, or subjected to a similar basis under state law.

Unlawful presence under INA §212(a)(9)(B) does not apply

INA §245(h)(2)(A) also provides that INA §212(a)(9)(B) does not apply when determining admissibility for SIJ adjustment.

This is separate from the deemed-parole rule.

The analysis therefore distinguishes:

• INA §245(h)(1): deemed parole for the §245(a) adjustment threshold; and
• INA §245(h)(2)(A): specified inadmissibility grounds, including §212(a)(9)(B), do not apply.

Visa availability can delay adjustment after I-360 approval

Even with an approved SIJ petition and favorable adjustment rules, USCIS cannot approve Form I-485 unless an immigrant visa is immediately available.

If the applicable EB-4 category retrogresses:

• An otherwise properly filed Form I-485 can generally remain pending;
• USCIS generally cannot grant permanent residence until visa availability returns;
• The SIJ classification remains the underlying immigrant basis unless revoked or otherwise lost; and
• The applicant should continue responding to USCIS requests and maintaining current contact information.

See Visa Retrogression After Filing Form I-485.

SIJ age protections and adjustment

The applicant's age during adjustment should be distinguished from the age requirements governing the original SIJ petition.

Federal law provides important age protections for persons who properly filed for SIJ classification before turning 21.

Once SIJ classification is approved, the adjustment inquiry generally focuses on:

• Continued validity of the immigrant classification;
• Visa availability;
• Adjustment eligibility;
• Admissibility under the special SIJ rules; and
• Discretion.

A person should not assume that simply reaching age 21 while waiting for an EB-4 visa automatically destroys an already protected SIJ immigration process.

Marriage can affect SIJ classification

SIJ classification depends on the applicant remaining unmarried.

A person who marries before permanent residence should therefore obtain an immediate legal analysis of the effect on the underlying SIJ classification and pending Form I-485.

SIJ classification does not confer immigration benefits on the parents

Congress placed a special restriction on immigration benefits through an SIJ.

The natural or prior adoptive parents whose relationship is implicated by the SIJ process do not obtain immigration benefits merely because the young person becomes a lawful permanent resident through SIJ classification.

The purpose of SIJ classification is protection of the qualifying young person, not creation of a family-sponsored immigration route for the parents.

An approved I-360 can still be reviewed for continuing validity

An SIJ-based Form I-485 depends on a valid underlying immigrant classification.

Potential issues requiring review can include:

• Revocation of the SIJ petition;
• Material evidence that the SIJ classification was improperly obtained;
• Marriage before adjustment;
• Questions concerning the juvenile-court order or USCIS consent determination; or
• Other facts affecting continuing eligibility under the underlying classification.

The adjustment application cannot succeed if the immigrant basis supporting it is no longer valid.

Form I-485 evidence for an SIJ applicant

An SIJ adjustment filing typically requires evidence addressing both the special immigrant basis and the applicant's individual adjustment history.

• Approved Form I-360 notice.
• Evidence of the SIJ priority date.
• Evidence of current immigrant visa availability when relevant.
• Form I-485.
• Identity and nationality documentation.
• Birth certificate or acceptable secondary evidence.
• Immigration entry and encounter records.
• Medical examination documentation.
• Certified criminal records where applicable.
• Evidence addressing any applicable inadmissibility ground.
• Waiver application and supporting humanitarian evidence where required.
• Evidence explaining material discrepancies in the immigration record.

See Form I-485 Process.

Prior immigration encounters should still be disclosed

Deemed parole does not erase the historical facts concerning how the applicant came to the United States.

An SIJ adjustment filing should accurately address relevant history involving:

• Entry without inspection;
• Border apprehension;
• CBP processing;
• Release from immigration custody;
• Notices to appear;
• Removal proceedings;
• Prior asylum or immigration applications; and
• Any prior immigration orders.

Criminal history requires individualized review

The specialized SIJ inadmissibility provisions do not mean every criminal ground can be waived.

Where the applicant has an arrest, citation, juvenile disposition, conviction, or suspected controlled-substance conduct, the record should be reviewed before filing.

Important questions include:

• Whether the conduct creates an INA §212 ground;
• Whether juvenile conduct constitutes a conviction for immigration purposes;
• Whether the particular inadmissibility ground applies;
• Whether INA §245(h) permits a waiver; and
• Whether favorable discretion can be established.

The next SIJ page will address inadmissibility and waivers in detail.

Adjustment remains discretionary

Satisfying the statutory requirements does not eliminate USCIS's discretionary role in adjustment adjudication.

USCIS can consider favorable and unfavorable factors in the individual record.

Relevant favorable evidence can include:

• Humanitarian circumstances underlying SIJ classification;
• Family and community ties;
• Education;
• Employment;
• Rehabilitation;
• Compliance with immigration proceedings;
• Length of residence;
• Evidence of responsibility and stability; and
• Other equitable considerations.

Any adverse history should be addressed accurately rather than assumed irrelevant because the applicant holds SIJ classification.

Example: entry without inspection

Example: status violations after entry

SIJ adjustment checklist

• Confirm approved and continuing SIJ classification.
• Identify the correct priority date.
• Confirm EB-4 visa availability for filing.
• Confirm visa availability for final approval.
• Apply INA §245(h)(1) deemed parole to the §245(a) threshold.
• Apply the SIJ-specific §245(c) adjustment-bar rules.
• Identify which INA §212 grounds do not apply.
• Identify any remaining inadmissibility ground.
• Determine whether the SIJ waiver authority covers that ground.
• Prepare any required waiver evidence.
• Review criminal and immigration history.
• Confirm the applicant remains unmarried.
• Complete the medical examination requirements.
• Address discretionary factors.

Common SIJ adjustment mistakes

Primary authorities

Related INA245.com guides

Frequently asked questions