What Is Special Immigrant Juvenile Status (SIJS) in California and What Do You Need?

Special Immigrant Juvenile Status (SIJS) is a form of immigration protection for children under 21 who cannot safely reunify with one or both parents due to abuse, abandonment, or neglect.
If approved, SIJS can lead to lawful permanent residence (a green card).
What Do You Need to Qualify for SIJS?To apply for SIJS, you need a state court order with specific findings. This is the most important part of the process.
The court must find that:

• The child cannot reunify with one or both parents due to abuse, abandonment, or neglect
• It is not in the child’s best interest to return to their home country

Without this court order, SIJS cannot be approved.
What Kind of Court Case Do You Need?In California, the required SIJS findings can come from different types of cases, depending on the child’s situation:

• Guardianship (Probate Court):
  Common when the child is living with a relative or another adult who is not a parent
• Custody Case (Family Court):
  Used when one parent is caring for the child and the other parent is not involved or is unsafe
• Dependency Case (Juvenile Court):
  Applies when the child is already involved with the child welfare system

Choosing the correct type of case is critical. Filing the wrong one can delay the process or prevent the court from making the required findings.
Age RequirementsTo qualify for SIJS:

• The applicant must be under 21 years old at the time of filing

In California:

• Custody (family law) cases are generally only available until age 18
• Guardianship can be used for SIJS purposes up to age 21
• Guardianship may also be established with a parent for youth over 18, which can be an important option in certain SIJS cases

Because of these differences, choosing the correct type of case becomes especially important as the child approaches age 18.
What Happens After the Court Order?Once you have the SIJS findings:

1. You file the SIJS petition with immigration
2. If approved, you may apply for a green card when a visa becomes available

How Our Office Can HelpSIJS cases require coordination between state court and immigration, and the process must be done correctly from the beginning.
Our office can help you obtain the required court order with proper SIJS findings and guide you through the immigration process to apply for SIJS and, ultimately, lawful permanent residence.
Call us at 714-624-5632 for a free consultation.

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