Suppose you are an immigrant youth in the United States who has experienced abuse, neglect, or abandonment by one or both parents. In that case, you may qualify for Special Immigrant Juvenile Status through guardianship. This pathway can offer a route to lawful permanent residency, but it requires careful attention to SIJS eligibility requirements, specific findings in guardianship court, and a clear understanding of the legal process for guardianship for SIJS minors.

What Is Special Immigrant Juvenile Status (SIJS) Through Guardianship?

Special Immigrant Juvenile Status (SIJS) is a federal immigration classification for unmarried individuals under 21 who have been declared dependent on a juvenile court due to parental abuse, neglect, or abandonment. Legal guardianship for immigrant youth is often a critical step, as guardianship proceedings in state court can provide the necessary findings for an SIJS petition.

SIJS Eligibility Requirements

To qualify for SIJS, you must meet all of the following criteria:

  • Under 21 years old at the time of filing the SIJS petition.
  • Unmarried at the time of filing and adjudication.
  • Physically present in the United States.
  • Subject to a state juvenile court order that finds:
    • You cannot reunify with one or both parents due to abuse, neglect, or abandonment.
    • It is not in your best interest to return to your country of origin.
  • Consent from the U.S. Department of Homeland Security (and Health and Human Services, if applicable).

Guardianship for SIJS Minors

If you are between 18 and 20, you can request a guardianship of the person in state court as part of your SIJS application. The court will require your consent to the guardianship if you are at least 18 years old. Guardianship can also be extended past your 18th birthday if you are applying for SIJS.

SIJS Findings in Guardianship Court

The juvenile or guardianship court must issue an order that includes specific findings required for SIJS:

  • The youth is dependent on the court or placed under the custody of a guardian.
  • Reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
  • It is not in the youth’s best interest to return to their country of origin.

These findings must be documented in the court order and submitted with your SIJS petition.

Legal Guardianship for Immigrant Youth: The Process

  1. File for Guardianship: Begin with the appropriate state court forms. The youth must sign the petition to show agreement if over 18.
  2. Request SIJS Findings: File a petition for special immigrant juvenile findings along with your guardianship petition.
  3. Obtain the Court Order: Ensure the court order includes all required SIJS findings.
  4. Submit Your SIJS Petition: File Form I-360 with USCIS, including the court order and supporting documentation.

Why SIJS Through Guardianship Matters

Special Immigrant Juvenile Status through guardianship offers vital protection and a path to stability for vulnerable youth. It ensures that guardianship for SIJS minors is not just a state court process but a bridge to federal immigration relief, provided all SIJS eligibility requirements and court findings are met.