2026 U.S. Youth Permanent Residence (SIJS) Guide: Conditions and When to Apply for High School International Students
Key Summary: Five Steps To Check Right Now
If your child is in a high school in the United States, it is safest to move in the order below.
- Qualification Check — If your child is under the age of 21 or unmarried, and any parent has been abandoned, neglected, or abused, there is a possibility of applying for SIJS.
- Check your State’s Age Limit — Some states, such as Florida, end court jurisdiction at 18, so immediately figure out the criteria for the state where the school is located.
- Initiate state court proceedings — Work with an immigration attorney to begin securing a Predicate Order.
- I-360 Petition Receipt — Apply for Youth Immigrant Classification with USCIS based on a state court ruling.
- Waiting for Visa and accepting I-485 — When the green card door opens, you will obtain a green card by submitting an application for adjustment of status.
Note: Hayoon Kane Law Firm has “one parent SIJS” case experience, which can also be carried out as an international student, and supports the entire process from state courts to USCIS. However, make sure you work with a qualified immigration attorney for final legal judgment and strategy establishment.
What is youth permanent residency (SIJS)? (Definition 2026)
Grab the basic concept first
Special Immigrant Juvenile Status (SIJS) is a special immigration classification granted to unmarried foreign youth under the age of 21 who are abused, neglected, or abandoned. It is based on the U.S. Immigration and Nationality Act (INA), and obtaining that classification opens the path to applying for permanent residency (green card).
Many people wonder, “My child is an international student. Is that possible?” However, SIJS is not a visa-limited system. Unmarried foreign teens under the age of 21 who are staying in the U.S. can apply if they meet the requirements, regardless of their status.
Four Key Qualifications as of 2026
As of the USCIS Policy Manual (updated in April 2026), all four requirements must be met at the time of I-360 receipt.
- Age: Under 21 at the time of I-360 reception
- Marital status: to be single
- Where to stay: You’re staying in the U.S
- Hold Court Judgment: Hold State Court Judgment
The part that parents of international students misunderstand the most
There is something you must point out here. Many of you know that “application is made only when there is abandonment or neglect by both parents.” However, this is incorrect.
Abandonment, neglect, or abuse by one of the parents alone can meet the requirements for applying for SIJS. For example, if a father or a mother neglects or loses contact with his or her child, a court ruling can be issued in a “one-parent case” to proceed with the application process, even if the rest of the parents are still alive. This is why there are cases in international students’ families.
Hayoon Kane Law Firm has experience in approval of this very “single parent SIJS” case. Even children who are F-1 international students may actually be able to proceed, so I recommend you to consult with an expert first.
Frequently asked questions
Q. Isn’t SIJS a system where only illegal aliens can apply?
A. No. Not only illegal aliens but also teenagers with legal non-immigrant status, such as F-1 international students, can apply for SIJS if they meet the requirements. The requirements for abuse, neglect, and abandonment, age, and marital status are more important than the status of stay itself.
Q. What exactly does “one parent case” refer to?
A. If a parent abandons, neglects, or abuses a child, a state court can rule that it is impossible to reunite with that single parent and that the return home is not in the child’s best interest. It is possible to proceed with the rest of the parents in good health.
Q. Do I need a lawyer for filing I-360?
A. Although not legally mandatory, the process of securing state court rulings and the preparation of USCIS documents are very complicated. In particular, as policy changes in 2026 have made the process more difficult, it is highly recommended to seek help from an immigration lawyer.
Is it possible for international students (F-1)? Understanding the ‘One-Parent Case’
If you’re a parent with a child attending a high school in the U.S. on an F-1 visa, this is what you’re most curious about. “My child has a formal study visa, so will SIJS be applicable?”
In conclusion, F-1 status itself is not a barrier to SIJS application. The core of SIJS is not the status of stay, but the facts, age, and marital status of abuse, abandonment, and neglect.
When ‘one parent case’ applies to international students
The typical situations in which a single-parent case is established in an international student’s home are as follows.
- If one parent loses contact with his or her child after a divorce
- Where a parent unilaterally suspends the support of his/her child’s education and living expenses
- If there is a history of physical or emotional abuse from one parent
In this situation, the first step is to apply to the state court for youth welfare and receive a statement (Predicate Order) that it is impossible to reunite with the parent and that returning home is not in the best interests of the child.
Of course, not all international student cases lead to SIJS. Since individual circumstances vary whether or not the requirements are met, a review of specific facts with an immigration lawyer must be preceded.
Effective May 10, 2026: USCIS Work Permit (EAD) Policy Changes
What’s changed?
n May 10, 2026, a significant policy change came into force, which is a must-see for families preparing immigration documents.
As of May 10, 2026, USCIS has officially suspended the Deferred Action, which was automatically granted to SIJS approvers, and the subsequent eligibility for EAD applications. This is the result of the withdrawal of the Deferred Action Policy, which was introduced in 2022 by USCIS Policy Memo PM-602-0198.
Why is this change important?
Under the previous policy, if I-360 was approved, I could apply for a work permit (EAD) through a moratorium. That said, I had the opportunity to work legally even before the green card door opened.
However, applicants who have received I-360s after May 10, 2026, will not be able to obtain work permits until a green card door is open to accept I-485 (application for adjustment of identity). Simply put, this means that the wait time to obtain a “work permit” could be significantly longer.
Why we need to hurry up right now
This policy change is further increasing the urgency of the application.
- Legal status maintenance issues while waiting: Children with F-1 status must remain on F-1 visa status until I-485 acceptance.
- Permanent Residence Door Waiting Period: As I will explain later, the door to EB-4 category has already been pushed back for years, so the wait may be long.
- State Court Proceedings Time: It may take months to secure a ruling, so it’s best to start state court proceedings right now.
Hayoon Kane Law Firm presents a step-by-step roadmap for clients to obtain permanent residency while maintaining a stable legal status even in this changed policy environment. However, since the optimal strategy varies depending on the individual’s specific situation, in-depth consultation with a professional lawyer must be preceded.
Time to apply that you should never miss: Age limits by state
Federal and state law, two standards
There is one thing you must distinguish when you understand SIJS: the federal immigration law may differ from the state court jurisdiction standards.
Federal immigration law is based on under 21 years of age on I-360 applications. However, in order to receive a Predicate Order from a state court, which is the first step in the SIJS process, that state court must have jurisdiction over the juvenile. And age standards in this jurisdiction vary greatly from state to state.
Age limit comparison by week
| State | State court jurisdiction age limit |
| California(CA) | 21 |
| New York(NY) | 21 |
| Washington DC | 21 |
| Maryland(MD) | 21 |
| Florida(FL) | 18 |
| Washington(WA) | 21 |
Source: Project Lifeline based on weekly SIJS age database (updated in April 2026)
The reason why high school students are in “Golden Time”
As you can see in the table above, the amount of time your child has access to state courts varies greatly depending on the state in which the school they attend is located.
States like California and New York that have jurisdiction up to the age of 21 are relatively relaxed. However, if a school is in a state where jurisdiction ends at 18, such as Florida or Alabama, you will not be able to go to court immediately after high school graduation.
It is for this reason that it is safest to start the process when your child is between the ages of 14 and 17, when they are in high school. If your child is already nearing 18, it is urgent to consult an immigration lawyer right now.
Hayoon Kane Law Firm serves across the United States, enabling document preparation and strategy development tailored to each state’s court characteristics and procedures.
SIJS Progress Phase 2 Workflow: State Courts to USCIS
The process of obtaining permanent residency through SIJS is largely divided into two big steps. You need to understand and prepare for each step clearly to prevent unnecessary delays.
Step 1: Securing a Predicate Order
Aims: To receive an official ruling from the state court on which the SIJS application is based.
The judgment that must be secured by state courts must include two things.
- Determination that it is impossible to reunite with one (or both) of the parents
- Judgment that return to home country (Korea, etc.) is not in the best interest of children (Best Interest of the Child)
In this process, it is important to cooperate with local lawyers who are familiar with state court proceedings. This is because the method of application, necessary documents, and hearing procedures vary from state to state.
Caution: State court proceedings can usually take months, especially if the age limit is imminent.
Step 2: Receiving and Approving USCIS I-360 Petition
Aims: Getting Youth Immigrant (SIJ) classification approval from USCIS based on state court rulings.
The I-360 petition is accompanied by relevant documents, including state court rulings. USCIS examines them to determine if the applicant meets SIJS requirements.
If I-360 is approved, you can proceed to a green card application (I-485). However, it is not possible to apply for I-485 immediately.
Step 3: Waiting for Visa Bulletin and accepting I-485
Permanent residency through SIJS falls under the EB-4 (employment-based fourth priority) category. This category requires sequential waiting in line with the immigration statement (Visa Bulletin).
Based on Visa Bulletin in May 2026, the Final Action Date for EB-4 (common nationality including Korea) is July 15, 2022. This means that at this point, there is approximately more than 3-4 years of waiting.
- If the permanent resident registration letter reaches your Priority Date (I-360 reception date), you will receive I-485.
- After I-485 is received, a permanent residency will be issued through procedures such as submitting biometric information, medical examinations, and interviews.
It is important to maintain F-1 status during this waiting period. Due to the aforementioned changes in 2026 policy, special care should be taken in managing your academic status, as you will not be able to obtain a work permit during this period.
Hayoon Kane Law Firm provides one-stop support for the entire process, from utilizing a network of state court partners to writing USCIS petitions, monitoring door calls, and preparing for final interviews.
Frequently Asked Questions (FAQ): Retain Academic and Restrict Parental Invitations
We have summarized the most frequently asked questions by parents who want to proceed with the SIJS process.
Q. If I get a green card with SIJS, can I invite my parents to the U.S. later?
A. No. This is a very important constraint. A child who has obtained permanent residency through SIJS will not be allowed to invite his or her parents even after he or she has subsequently become a U.S. citizen. This is not only the case for abusive, neglected, or limited parents, but also for the rest of the parents who have not done so. Under the Immigration Nationality Act (INA) and relevant federal regulations, SIJS recipients may not be eligible for immigration petitions by either parent. This has a huge impact on your entire family’s long-term immigration plans, so make sure to fully understand and make a decision before applying.
Q. Do I have to maintain my child’s F-1 international student status during the SIJS process?
A. Yes, it is highly recommended. It is safe to maintain legal non-immigrant status, such as F-1, until you receive I-485 (ID adjustment application). In particular, with the suspension of the moratorium due to policy changes in May 2026, the waiting period from I-360 approval to I-485 reception may be extended. Expiring status or illegal stay during this period may cause serious problems with subsequent procedures. Please carefully manage school registration, visa extension, etc.
Q. My child is now 17 years old, is it late if I start now?
A. It depends on the state in which the school is located, but if you are 17, it is still possible to proceed. However, there is no time to delay, as some states end their court jurisdiction at age 18. Consulting an immigration lawyer right now to see if your state’s age standards and current conditions are appropriate.
Q. Will proceeding with the SIJS process affect my child’s school life or F-1 visa retention?
A. The process itself does not automatically interfere with school registration or retention of an F-1 visa. However, it may be necessary to coordinate with the school as there may be a court appearance or document submission schedule. Planned management of the schedule with a professional lawyer can combine academic and legal procedures.
Beyond being a simple document agent, Hayoon Kane Law Firm offers in-depth counseling that considers SIJS’s impact on the entire family’s immigration plans and long-term future. We will review complex family immigration variables such as the rules not to invite parents, options after obtaining citizenship, and the possibility of siblings’ immigration to find the best direction.
Wrapping up: This is the most important moment
SIJS is a system that legally opens the way for young people in the United States who meet certain conditions to obtain permanent residency. Even if you are an F-1 international student, it is worth considering seriously if there is a fact of abandonment or neglect by one parent.
Considering the suspension policy, the differences in age limits by state, and the waiting conditions in the EB-4 door, which came into effect in May 2026, this may be the most appropriate time to start the process.
However, SIJS is an area where family relations and legal facts, state court proceedings, and federal immigration law are intricately intertwined. The responsibility for all final legal judgments and decisions must be made through sufficient consultation with qualified immigration lawyers. It can be dangerous to make independent judgments only with internet information.
Start based on important decisions, accurate information and expert advice about your child’s future.
