1. What is SIJS?:

Special Immigrant Juvenile Status (SIJS) is a unique immigration pathway for individuals under the age of twenty-one who are unmarried and unable to reunify with one or both parents due to abuse, neglect, or abandonment. To be eligible, a state court must issue a “state court predicate order” confirming three determinations: dependency on the court, non-viable reunification with parents, and it is not in the child’s best interest to return to their home country. In California, various court proceedings, including guardianship and family court, can establish SIJS findings. Obtaining SIJS allows individuals to apply for adjustment of status to become lawful permanent residents. It is crucial for advocates to screen for SIJS eligibility during state court proceedings, as it opens doors to education and lawful employment. The SIJS process involves filing an application with the U.S. Citizenship & Immigration Services (USCIS) and maintaining state court jurisdiction until USCIS adjudicates the application. Recent policy changes address the long wait for green card processing, allowing for deferred action and employment authorization for SIJS applicants facing visa backlogs. Advocates play a vital role in guiding youth through this complex process.

2. When can you obtain a SIJS predicate order?:

In order to obtain a Special Immigrant Juvenile Status (SIJS) predicate order in juvenile court proceedings, a young person must be declared dependent on a U.S. juvenile, family, or probate court or legally committed to the custody of a state agency, individual, or entity appointed by a state or juvenile court. This eligibility is established through court decisions, such as adjudicating a young person as a ward of the juvenile court or making them dependent due to parental abuse, neglect, or abandonment. Timing is crucial, as the young person must be under 21 when applying for SIJS. Seeking the state court predicate order promptly is essential due to visa issuance limits, and maintaining juvenile court jurisdiction until USCIS adjudication is recommended. Exceptions exist for court jurisdiction termination, such as the young person’s age or achieving certain child welfare permanency goals. Understanding these nuances is crucial for juvenile defenders and children’s attorneys navigating SIJS cases.

3. What is a guardianship and how can it help me to achieve SIJS?:

A guardianship is a common type of case that you can file in state court to obtain SIJS findings, although you may be eligible to file for SIJS through other types of cases.

Probate Court (Guardianship of the Person): Guardianship allows someone other than the minor’s parents to have “care, custody, and control” of the minor. Under federal law, once it is found that reunification is not viable with one or both parents and it is not in the best interest of someone under 21 years of age to return to their home country, a guardianship is appropriate under state law. This occurs when the parents of someone under 21 years of age are unwilling or unable to care for the person, or where parental custody is detrimental to that person. A guardianship does not permanently terminate parental rights; instead, it temporarily suspends the parents’ custodial rights, giving the guardian almost complete authority to make decisions on behalf of the minor during the existence of the guardianship. For purposes of SIJS, the child is considered to have been “placed under the custody of…an individual or entity…appointed by [the] court.”

4. What is the role of the juvenile defender in the SIJS process?:

Juvenile defenders and children’s attorneys play a crucial role in the Special Immigrant Juvenile Status (SIJS) process in several ways. Firstly, they assess young individuals for SIJS eligibility, a pivotal step, given that it might be their initial screening for immigration status. Since SIJS is exclusively available to those under twenty-one, without this screening, they might miss the opportunity for legal status. Secondly, these defenders can request the SIJS predicate order from the juvenile court, either independently or in collaboration with an immigration attorney. Additionally, they facilitate connections to immigration legal service providers for those lacking representation. Lastly, they contribute to maintaining SIJS eligibility by advising clients to avoid specific juvenile adjudications and adult criminal convictions, particularly those related to gangs, violence, drugs, and, notably, drug sales or trafficking, which could bar individuals from obtaining a green card through SIJS.

5. What needs to be included in a successful SIJS state predicate order?:

To qualify for Special Immigrant Juvenile Status (SIJS), certain eligibility determinations must be incorporated into the state court predicate order. These determinations include a factual basis outlining specifics such as the placement of the young person, reasons for non-viability of parental reunification, and the parents’ names if known. If it’s not feasible to include this information in the order, petitioners must submit additional evidence. The court order should also detail the relief granted, whether through custodial arrangements or dependency on the court for services, and reference relevant state law provisions supporting each determination. In California, a standardized form, FL-357/GC-224/JV-357, is available for SIJS predicate orders, streamlining the process and ensuring compliance with legal requirements. More details and examples of SIJS predicate orders can be found on the California Judicial Branch’s website and additional resources provided by legal organizations.