If you are caring for a minor who is not your biological child, you may wonder: can you get a green card through guardianship? This is a common question, especially for families navigating complex immigration and guardianship issues. Below, we break down the requirements for green card with legal guardianship, the role of Special Immigrant Juvenile Status (SIJS), and why working with an attorney for legal guardianship is essential.

Can You Get a Green Card Through Guardianship?

Generally, simply being a legal guardian does not give you the right to petition for a green card on behalf of a child in your care. U.S. immigration law does not allow legal guardians to directly sponsor a green card for a child based solely on guardianship status. However, there is a special pathway for certain minors in the U.S. who have been abused, neglected, or abandoned by their parents: Special Immigrant Juvenile Status (SIJS)

Requirements for a Green Card with Legal Guardianship

To qualify for a green card under SIJS, the following requirements must be met:

  • The child must be under 21 years old and unmarried.
  • A state court must find that the child has been abused, neglected, or abandoned by one or both parents.
  • The court must determine that it is not in the child’s best interest to return to their home country or reunite with their parents.
  • A legal guardianship may be established as part of this process, but guardianship alone is not enough—the court order and SIJS findings are essential

Once these criteria are met, the child can apply for SIJS with U.S. Citizenship and Immigration Services (USCIS), and if approved, proceed to apply for a green card

How to Apply for a Green Card with Legal Guardianship?

Applying for a green card with legal guardianship through SIJS involves several steps:

  • Obtain a state court order that establishes guardianship and includes findings of abuse, neglect, or abandonment.
  • Request SIJS findings from the court, using the appropriate forms and documentation
  • File the SIJS petition with USCIS, along with the court order and supporting evidence.
  • If SIJS is approved, apply for lawful permanent residency (green card)

Because this process is complex and requires meticulous documentation, it is highly recommended to work with an attorney for legal guardianship. An experienced attorney can help ensure that all requirements are met and guide you through the legal and immigration steps

Important Considerations

  • Guardianship does not allow you to sponsor a green card for a child living overseas. Adoption is the only route recognized for such sponsorship
  • SIJS is only available to minors in the U.S. who meet the specific criteria.
  • If you receive a green card through SIJS, you cannot sponsor your parents for a green card later

Why Consult an Attorney for Legal Guardianship?

The intersection of guardianship and immigration law is complex. An attorney for legal guardianship can help you understand your options, prepare the necessary court documents, and ensure your SIJS petition is as strong as possible. This guidance is crucial for protecting the child’s best interests and increasing the chances of a successful green card application.