Special Immigration Juvenile Status

Before filing anything with the United States Immigration and Citizenship Services, (USCIS), an adult must petition for either guardianship or custody of the minor before a state court that has jurisdiction over the petition and the minor.  Working with an Immigrant Attorney’s office can help ease the process as well. 

In addition to obtaining either a guardianship or custody order from the court, it is crucial to also obtain a predicate order from the judge articulating the following special findings:

• That the minor is under 21,
• That the minor is unmarried,
• That the minor is dependent on a juvenile court or placed in the custody of an individual/entity, agency or juvenile court,
• That reunification with one or both parents was not viable due to abuse, abandonment, neglect or similar basis under state law and
• That it is not in the best interest of the minor to return to the country of origin.

Note that merely obtaining the guardianship or custody order is not sufficient to apply for SIJS relief and therefore the predicate order with special findings is a necessary requirement to qualify. 

Once the state court orders are obtained, a petition can be filed before USCIS for SIJS protection. After the petition is approved, the subsequent application for the green card can be filed once the priority date of the petition is current.

Fill out the I-360 petition form and include the guardianship appointment and special findings orders granted from the Family Court, and your birth certificate with a certified translation.

This form is then submitted to USCIS. A receipt notice then follows within a month of submitting the petition.

A response from USCIS depends on which processing center it is mailed to; the times of wait can range from 4 to 11 months for adjudication.