Priority Dates and Visa Availability

Before applying for a Green Card, an applicant’s priority date must be current according to the Visa Bulletin. Congress imposes annual numerical limits on immigrant visas, which vary by category (employment-based, family-based, or special immigrant) and by country of origin.

For SIJ petitions:

• No cap on SIJ applications or approvals: There is no annual limit on the number of SIJ petitions that can be filed or approved.
• Delays due to visa limitations: Green Card applications can still be delayed due to the limited number of available immigrant visas.

Children filing for SIJ status do not need to wait for their priority date to file the SIJ petition. However, the priority date becomes relevant once the SIJ petition is approved and the child seeks to apply for a Green Card.

Key Points About SIJ Status

• Approval is not deportation protection: Having SIJ status does not automatically protect a child from removal proceedings.
• Right to wait for a Green Card: Approved SIJ status grants the child the right to wait for a Green Card until their visa priority date becomes current.
• Processed under the EB-4 category: Green Card applications for SIJ holders fall under the employment-based fourth preference (EB-4) category, along with other special immigrants.

The Visa Bulletin and Waiting Period

Each month, USCIS publishes a Visa Bulletin detailing:

1. The number of available immigrant visa numbers.
2. The processing priority dates for each category and country.

When visa numbers are unavailable due to high demand:

• SIJ holders must wait in line for their priority date to become current.
• If the annual limit for EB-4 visas is reached, SIJ applicants may face additional delays until the next fiscal year (or later).

Applying for a Green Card with SIJ Status

Once the SIJ petition is approved and the child’s priority date becomes current in the EB-4 category, they can proceed with their Green Card application.

The Green Card Application Process

1. Application Review: USCIS or an immigration judge will review the child’s application to determine their eligibility.
2. Final Decision: If the application is approved, the child will receive a Green Card, granting lawful permanent resident status in the U.S.

Stay Informed and Plan Ahead

SIJ status is an important pathway for children seeking stability and security in the U.S., but it requires careful navigation of priority dates and visa availability. Contact Yellow Law Group to ensure your application is on the right track and to receive expert guidance tailored to your situation.