Legal Definitions - special immigrant

A special immigrant is a non-U.S. citizen who qualifies for permanent residency (a Green Card) in the United States under specific, unique categories established by immigration law. Unlike most immigrants who come through family sponsorship or general employment categories, special immigrants qualify based on particular circumstances, often involving their service to the U.S. government or international organizations, or due to specific humanitarian needs. This pathway allows them to live and work permanently in the U.S.

These special immigrant programs are administered by USCIS (U.S. Citizenship and Immigration Services) and include various groups. Many of these categories fall under the Employment-Based Fourth Preference (EB-4) visa classification. Common categories include:

• Religious workers
• Certain employees of the U.S. government working abroad, and their immediate family members
• Employees of specific international organizations (like the United Nations or NATO) and their families
• Individuals designated as Special Immigrant Juveniles (SIJ), which applies to certain children in the U.S. who have been abused, neglected, or abandoned by a parent and for whom a state juvenile court has determined it is not in their best interest to return to their home country.
• Certain members of the U.S. armed forces
• Afghan and Iraqi nationals who provided significant assistance to the U.S. government or military.

Examples of Special Immigrants:

• Religious Worker: Father Michael, a priest from Poland, has been invited by a Catholic diocese in Chicago to serve a specific parish that is experiencing a shortage of clergy. He has been ordained for over two years and meets all the specific requirements for a religious worker visa, including a job offer from the U.S. religious organization.

  Explanation: Father Michael would likely qualify as a special immigrant under the religious worker category. This allows him to apply for an EB-4 visa and obtain a Green Card, enabling him to permanently live and work in the U.S. to fulfill his religious duties for the parish.

• Special Immigrant Juvenile (SIJ): A 16-year-old girl named Sofia arrived in the U.S. alone after fleeing her home country. A state juvenile court in Texas determined that her parents had severely neglected her, leaving her without adequate care or support, and that it would not be safe for her to return to her country of origin. The court issued an order declaring her dependent and eligible for long-term foster care.

  Explanation: Sofia could be classified as a Special Immigrant Juvenile (SIJ). Based on the state court's findings of neglect and the determination that returning home is not in her best interest, she can apply for a Green Card through this special immigrant program, providing her with permanent legal status and protection in the U.S.

• U.S. Government Employee Abroad: Dr. Kenji Tanaka, a citizen of Japan, worked for 15 years as a senior scientist for the U.S. National Institutes of Health (NIH) office in Tokyo, focusing on collaborative research into infectious diseases. His contributions were vital to several international health initiatives led by the U.S. government.

  Explanation: Dr. Tanaka could be eligible for special immigrant status as an employee of the U.S. government working abroad. His long-term, critical service to a U.S. government agency outside the United States would allow him to apply for permanent residency under this specific provision, recognizing his significant contributions.