Special Immigrant Juvenile Status (SIJS) is a protection afforded to children who have suffered harm and are unable to be reunited with one or both parents because of it. SIJS is an unusual immigration remedy as it is a hybrid involving the interplay between state and federal laws. The federal statute relies on the state courts to make the best interest and child welfare determinations necessary to qualify for SIJS status. 

Federal law/filing the petition seeking SIJS status with USCIS.  Under federal law, a child is an unmarried person under 21 years of age. A petition seeking classification as a special immigrant juvenile must be filed with USCIS before the child’s 21st birthday. 

State law/jurisdiction to obtain a predicate order. The SIJS process begins by obtaining a state dependency order, called a “juvenile court order” in the 2022 regulations, but generally referred to as a predicate order, issued by a juvenile court. A juvenile court is any state court with jurisdiction to make determinations about the dependency and/or the custody and care of children. These courts are state-specific but can include, for example, dependency, guardianship, custody, divorce, delinquency and probate courts.

Dependency proceedings take place in the state where the child resides. Jurisdiction of the juvenile court is established by determining who is considered a child in that state. A person who because of age is no longer subject to the jurisdiction of the juvenile court is said to have aged out of the system. A child who has aged-out can no longer seek a predicate order and thus is precluded from obtaining SIJS status.

Age-Out database. This database is a quick reference tool designed to be used as a starting point to determine whether a juvenile court has jurisdiction over a child in a dependency proceeding. Ages vary from state to state. And within a state there may be different ages and requirements generally and specifically as applied to cases seeking an SIJS predicate order.

It is essential to consult the information under the state tab and not rely on the map alone. 

States with SIJS provisions. Recognizing that immigrant children need both protection from state courts and lawful status in the United States, some states have extended the jurisdictional age to 21 for cases seeking SIJS findings. Citations to these laws are under the state tabs.

Statutes referencing SIJS vary in what they provide. Some, like Illinois, mandate detailed findings of fact and law that track federal SIJS requirements and provide rules for evidence, describe who can be a guardian, and allow for other findings and protections. Other states, like Hawaii, extend jurisdiction to 21 but do not provide as much detail and direction to the court.

Timing of abuse.  In some states it is possible to file for dependency before the child is 21, but the abuse or abandonment or neglect (or more than one harm) must have occurred before the child was 18. Even if the abuse is ongoing, most youth will have experienced the harm before age 18 so this requirement is not indicated on the map but appears under the state tab. These states show on the map as having jurisdiction before 21. 

Extension of jurisdiction. In Florida and Virginia, if the predicate order is  pending before the child turns 18, jurisdiction is extended – in Florida before 22 and in Virginia before 21. 

Other states have general provisions for the possible extension of a dependency order without any reference to SIJS. Those states appear on the map as having jurisdiction before 18.

Foster care. “Age out” for children in foster care refers to the end of the jurisdiction of the court handling the protection proceeding. This is discussed in the handbook Representing Children in Foster Care and in the State-by-State Age Out Database for Children in Foster Care, which should be read in conjunction with each other.

Juvenile court. In some states, the age out is increased for cases before the state juvenile court where that is not the court of general jurisdiction. You will need to do additional research to make this determination as this information may not be included under the state tab.

Choice of court and cause of action. A predicate order can be issued by any court having jurisdiction under state law to make judicial determinations about dependency or custody and the care of juveniles. The types of proceedings and courts with jurisdiction in a state are beyond the scope of this database.

This database is not a substitute for research. Updating to assure the most recent law is being relied on is the responsibility of the user. This database was last updated in April 2026. 

This database only concerns state age-out laws. It does not cover any other requirements or procedures necessary to qualify for or to apply for SIJS.