Special SIJ-Based Adjustment Waiver of Inadmissibility (Link to Full Article)

An individual who is granted special immigrant juvenile (SIJ) classification is eligible to apply for adjustment of status to that of an alien lawfully admitted for permanent residence if there is an immigrant visa in the special immigrant category immediately available.

Several generally applicable inadmissibility grounds and adjustment of status bars do not apply to adjustment applications based on an approved SIJ petition. For certain inadmissibility grounds that do apply, the Immigration and Nationality Act (INA) contains a special SIJ adjustment waiver provision at section 245(h)(2)(B). The SIJ adjustment waiver exists solely for SIJ-based adjustment of status applications.

We discuss inadmissibility in the context of SIJ-based adjustment applications in our fill article on SIJ adjustment [see article]. To learn about inadmissibility and the special SIJ adjustment waiver, please see the relevant section of our full article [see section].

To learn about SIJ classification and adjustment of status generally, please see our growing collection of articles on the issue [see category].