SIJS eligibility requirements are codified as 8 Code of Federal Regulations (CFR) §204.11 (c). A youth without lawful status is eligible for SJIS classification under INA §101(a)(27)(J) if the child:
- Is under 21 years of age;
- Is unmarried;
- Has been declared dependent on a juvenile court located in the United States in accordance with state law governing such declarations of dependency, while the alien was in the United States and under the jurisdiction of the court;
- Has been deemed eligible by the juvenile court for long-term foster care;
- Continues to be dependent on the juvenile court and eligible for long-term foster care, such declaration, dependency or eligibility not having been vacated, terminated, or otherwise ended; and
- Has been the subject of judicial proceedings or administrative proceedings authorized or recognized by the juvenile court in which it has been determined that it would not be in the alien’s best interest to be returned to the country of nationality or last habitual residence of the beneficiary or his or her parents; or
- On November 29, 1990, met all eligibility requirements for special immigrant juvenile status in paragraphs (c)(1) through (c)(6) of this section, and for whom a petition for classification as a special immigrant juvenile is filed on Form I-360 before June 1, 1994.
A child who satisfies the aforementioned requirements is eligible for Adjustment of Status.