US: AAO clarifies the under‑21 filing rule for SIJ

· WOWERI

In its precedent decision Matter of Borges Borsoi (30 I&N Dec. 67, AAO 2026), the AAO held that a Special Immigrant Juvenile (SIJ) petition must be received by USCIS before the petitioner's 21st birthday; the date of birth, not the hour, controls. A petition received on the 21st birthday is untimely.

In brief

  • The AAO (Matter of Borges Borsoi, 30 I&N Dec. 67) clarified that the date of the 21st birthday, not the hour of birth, controls.
  • An SIJ petition must be filed (received by USCIS) before the 21st birthday; the filing date is the receipt date.
  • A petition received by USCIS on the 21st birthday is untimely.

What to do

  1. Determine the exact calendar date of your 21st birthday.
  2. Make sure USCIS receives the petition before that date: the filing date is the receipt date, not the mailing date. Send it early.
  3. Keep proof of mailing and delivery (receipts, tracking numbers).
  4. If denied based on the filing date, consult a licensed immigration attorney about your options.

What changed in the age rule for SIJ?

In the precedent decision Matter of Borges Borsoi, 30 I&N Dec. 67 (AAO 2026), published on September 23, 2026, the USCIS Administrative Appeals Office (AAO) held that to meet the "under 21 years of age at the time of filing" requirement, a Special Immigrant Juvenile (SIJ) petition must be filed before the petitioner's 21st birthday. The date of birth, not the specific hour, controls. A petition is filed on the date USCIS receives it (8 C.F.R. § 204.11(b)(1)).

Who does this affect?

  • Special Immigrant Juvenile (SIJ) petitioners, who must be under 21 when the petition is filed.
  • Anyone whose petition may reach USCIS on or after their 21st birthday: it will be untimely.

What does this mean for readers?

The rule applies equally to petitioners of any nationality. The petition must be received by USCIS before your 21st birthday — mailing it the day before is not enough.

What should you do now?

  1. Determine the exact calendar date of your 21st birthday.
  2. Make sure USCIS receives the petition before that date: the filing date is the receipt date, not the mailing date. Send it early.
  3. Keep proof of mailing and delivery (receipts, tracking numbers).
  4. If denied based on the filing date, consult a licensed immigration attorney about your options.

Which dates matter?

  • March 3, 2023 – juvenile court order in the petitioner's case.
  • March 6–7, 2023 – petitions mailed.
  • March 8, 2023 – the petitioner's 21st birthday and the date USCIS received the petitions; the filing was therefore untimely.
  • September 23, 2026 – decision published as a precedent (30 I&N Dec. 67).

Original source

  • Matter of Borges Borsoi, 30 I&N Dec. 67 (AAO 2026): https://www.justice.gov/eoir/media/1462221/dl
  • Andrew R. Arthur, “USCIS Answers Thorny Question of When an Alien ‘Is Under 21 Years of Age’”, September 24, 2026, CIS Blog. https://cis.org/Arthur/USCIS-Answers-Thorny-Question-When-Alien-Under-21-Years-Age

*This material is for informational purposes only and does not constitute legal advice.*

What to do next

Consultation $150

Frequently asked questions

Can you file an SIJ petition on your 21st birthday?

No. Under the AAO's decision in Matter of Borges Borsoi, the petition must be filed before the 21st birthday. The filing date is the date USCIS receives the petition, so a petition received on the 21st birthday is untimely.

Does the exact hour of birth matter?

No. The AAO held that the date of the 21st birthday, not the specific hour of birth, controls.

Can a denial be appealed if the petition was received on the 21st birthday?

Borges Borsoi is a precedent decision binding on USCIS, so the chances of a successful appeal on this ground are low. Discuss your options with a licensed immigration attorney.

Source: cis.org

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