Navigating the transition to adulthood can be especially challenging for immigrant youth, particularly those who have experienced abuse, neglect, or abandonment. For many, extending guardianship beyond age 18 is crucial—not only for continued support but also for eligibility for Special Immigrant Juvenile (SIJ) classification. In this guide, we’ll explain how to extend guardianship beyond 18 for immigrant youth, focusing on the guardianship court process for youth ages 18-21, the petition to extend guardianship, and the connection to SIJ classification.

Why Extend Guardianship Beyond 18 for Immigrant Youth?

Guardianship for youth ages 18-21 is essential for immigrant youth who need a responsible adult to help them navigate life in the United States, especially while they pursue legal status. California law, for example, allows probate courts to appoint guardians for youth up to their 21st birthday if they are seeking SIJ findings, thanks to Assembly Bill 900 (AB 900) and Assembly Bill 2090 (AB 2090). This extension provides stability, access to services, and a pathway to permanent residency for vulnerable youth.

Guardianship Extension for SIJ Classification

Special Immigrant Juvenile (SIJ) classification is a form of immigration relief for youth who cannot reunite with one or both parents due to abuse, neglect, or abandonment. To qualify for SIJ, a state court must issue an order making specific findings about the youth’s circumstances. Extending guardianship beyond 18 is often necessary for youth ages 18-20 to obtain these findings and complete their SIJ application.

Key Points:

  • The guardianship court process must be completed before the youth turns 21.
  • The youth must agree to the guardianship and sign the petition 15.
  • The court order should detail the youth’s dependency, the inability to reunify with parents, and why it’s in their best interest to remain under guardianship.

How to Petition to Extend Guardianship

To extend guardianship beyond 18 for immigrant youth, follow these steps:

  1. File the Proper Forms:
    • Use the Petition for Appointment of Guardian of the Person (form GC-210(P)) or the Petition for Appointment of Guardian of Minor (form GC-210), ensuring the youth signs the petition to indicate consent.
    • File a Petition for Special Immigrant Juvenile Findings (form GC-220) to request the necessary SIJ findings
  2. Demonstrate Need:
    • Clearly explain in your petition why the youth is particularly vulnerable and why the guardianship is necessary for their well-being, education, and adjustment.
  3. Court Hearing:
    • The court will review the petition and may hold a hearing to determine if extending guardianship is in the youth’s best interest and necessary for SIJ eligibility.
  4. No Guardianship of the Estate:
    • For youth over 18, only guardianship of the person is allowed, not guardianship of the estate

Tips for a Successful Petition

  • Consent is Key: The youth must agree to the guardianship and actively participate in the process.
  • Highlight Vulnerability: Use language that mirrors the statute, emphasizing the youth’s need for support due to their unique circumstances.
  • Act Before Age 21: All paperwork and court orders must be finalized before the youth’s 21st birthday

Conclusion

Extending guardianship beyond 18 for immigrant youth is a vital step for those seeking stability and SIJ classification. By understanding the guardianship court process, preparing a strong petition to extend guardianship, and ensuring all legal requirements are met, immigrant youth can access the protection and opportunities they need for a brighter future.