Arguments for Using the SIJS-based Adjustment Provision to Adjust Based on a Different Petition

Family-Based
Immigrant Youth
Publication Date
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This practice alert, created in partnership with the End SIJS Backlog Coalition, explores a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement to adjust using some other non-SIJS immigrant petition (for example, a spousal petition). This practice alert provides background on SIJS and adjustment of status under INA § 245(h), offers legal arguments for a “juvenile-based” reading, discusses potential roadblocks to successfully advancing these arguments, and includes tips for advising clients about this approach.

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245(h)-Practice-Alert-Updated-April-2026.pdf
Audience
Practitioners