Special Immigrant Juvenile Status (SIJS) in California: A Complete Guide for Immigrant Youth

Every year, thousands of immigrant children and teenagers in California find themselves in dangerous, unstable, or neglectful family situations with no clear path to safety. For these young people, Special Immigrant Juvenile Status (SIJS) offers something rare in immigration law: a direct route to lawful permanent residence (a Green Card) specifically designed to protect vulnerable youth.

If you are an immigrant youth in California, or if you are a caregiver, social worker, teacher, or advocate working with a young person who may qualify, understanding SIJS could change the course of that child’s life. This guide walks through every step of the process, from determining eligibility to obtaining a Green Card through the California court system.

What Is Special Immigrant Juvenile Status (SIJS)?

Special Immigrant Juvenile Status is a form of humanitarian immigration relief created by Congress to protect immigrant children present in the United States who have been subjected to abuse, neglect, or abandonment by one or both parents. Unlike other immigration pathways that depend on an employer, a family sponsor, or a specific country of origin, SIJS is centered entirely on the welfare of the child.

SIJS was established under the Immigration Act of 1990 and has been amended several times since, most recently through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008. The TVPRA expanded protections significantly, allowing youth who had been abused, neglected, or abandoned by only one parent to qualify, rather than requiring mistreatment by both parents.

Why SIJS Matters for Immigrant Youth in California

California is home to the largest immigrant population in the United States. The state’s juvenile and family court systems handle thousands of cases each year involving children who have experienced family trauma. For undocumented youth in these situations, SIJS provides a legal pathway that other forms of relief cannot.

Without SIJS, a young person who has been abandoned by a parent and is living with a relative or in foster care may have no immigration remedy available to them, even if they have lived in the United States for most of their lives. SIJS fills that gap.

Who Is Eligible for Special Immigrant Juvenile Status in California?

Eligibility for SIJS requires meeting criteria under both state and federal law. The process involves two separate systems: the California state court system and United States Citizenship and Immigration Services (USCIS).

The Three Core Eligibility Requirements

Under California law, these terms are interpreted broadly:

• Abuse includes physical abuse, sexual abuse, emotional abuse, and severe neglect that endangers a child’s health or welfare.
• Neglect includes a parent’s failure to provide adequate food, clothing, shelter, medical care, or supervision.
• Abandonment includes a parent’s failure to maintain a parental relationship, communicate with the child, or provide financial support for an extended period.

Age Requirements and the Urgency of Aging Out

One of the most critical aspects of SIJS is the age requirement. The child must be unmarried and under 21 years of age at the time the SIJS petition (Form I-360) is filed with USCIS.

However, there is a practical urgency that goes beyond the federal cutoff. In California, juvenile court jurisdiction typically ends at age 18, though it can extend to 21 in certain dependency cases. If a young person turns 18 before obtaining the necessary state court findings, the case becomes significantly more complicated.

The TVPRA includes some protections against aging out. If a youth files the I-360 petition before turning 21 and USCIS delays adjudication, the youth should not be penalized for government processing delays. But relying on these protections is risky, and prevention through early filing is always the better strategy.

The Two-Step SIJS Process: State Court and USCIS

SIJS is unique in immigration law because it requires navigating two entirely separate legal systems. First, you must obtain specific findings from a California state court. Then, you must file a petition with USCIS based on those findings.

Step One: Obtaining the State Court Order (Special Findings)

The first step takes place in a California state court. The goal is to obtain a court order that includes what are known as the “SIJS special findings.” These findings must establish all three eligibility elements described above.

Which California Courts Can Issue SIJS Findings?

Several types of California courts can issue the required SIJS findings:

• Dependency Courts (under the California Welfare and Institutions Code, Section 300): These courts handle cases where a child has been removed from a parent’s custody due to abuse or neglect. If a child is already in the dependency system, the court can make SIJS findings as part of the existing case.
• Probate Courts (Guardianship Proceedings): If a relative, family friend, or other adult has petitioned for legal guardianship of a child, the probate court handling the guardianship can issue SIJS findings. This is one of the most common pathways for SIJS in California.
• Family Courts: In custody and visitation proceedings, a family court can sometimes make the necessary findings, particularly when one parent has abandoned the child.
• Delinquency Courts (Welfare and Institutions Code, Section 602): Even youth in the juvenile justice system may qualify for SIJS if they meet the substantive requirements.

What the Court Order Must Include

The court order (sometimes called the “SIJS predicate order”) must contain specific findings that satisfy both California state law and federal immigration law. Specifically, the order should state:

1. That the child is a dependent of the court, or has been placed under the custody of a state agency, department, or individual appointed by the court.
2. That reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
3. That it would not be in the child’s best interest to be returned to the child’s or parent’s country of nationality or last habitual residence.

Preparing for the State Court Hearing

Evidence supporting the SIJS findings can include:

• The child’s own declaration describing the abuse, neglect, or abandonment
• Declarations from caregivers, relatives, teachers, social workers, or therapists
• Police reports or child protective services records
• Country condition evidence showing why return would not be in the child’s best interest
• School records, medical records, and other documentation of the child’s life in the United States

An attorney experienced in SIJS will typically prepare a comprehensive packet of evidence and a memorandum of law for the court explaining why the findings are warranted.

Step Two: Filing with USCIS (Form I-360 and Adjustment of Status)

Once the state court order is in hand, the next step moves to the federal level.

Filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)

The I-360 petition is filed with USCIS and asks the federal government to classify the youth as a Special Immigrant Juvenile. The petition must include:

• A copy of the state court order with the SIJS special findings
• The youth’s birth certificate (with certified English translation if necessary)
• Evidence of the youth’s age and unmarried status
• A copy of any prior immigration filings or documentation
• The filing fee (or a fee waiver request, which is available for SIJS petitions)

USCIS reviews the petition to confirm that the state court findings meet federal requirements. USCIS also exercises what is called “consent,” confirming that the SIJS classification is warranted. In most cases where the state court order is properly drafted, USCIS grants consent.

Filing Form I-485 (Adjustment of Status to Lawful Permanent Resident)

If a visa number is immediately available (which depends on the youth’s country of birth and current visa bulletin allocations), the youth can file Form I-485 to adjust status to lawful permanent resident at the same time as the I-360, or shortly after approval.

Upon approval of the I-485, the youth receives a Green Card and becomes a lawful permanent resident of the United States.

SIJS provides a direct pathway to a Green Card for vulnerable immigrant youth in California

How SIJS Leads to a Green Card and Beyond

SIJS is one of the most direct pathways to a Green Card for immigrant youth. Unlike asylum, which requires proving persecution based on a protected ground, or VAWA, which requires a specific family relationship with an abuser, SIJS is available to any immigrant child who meets the eligibility requirements regardless of their country of origin or the specific type of mistreatment they experienced.

Once a young person obtains a Green Card through SIJS, they have the same rights and privileges as any other lawful permanent resident. They can live and work anywhere in the United States, travel internationally (with some limitations), and access federal financial aid for college.

After holding a Green Card for five years, the SIJS recipient can apply for U.S. citizenship through naturalization. However, there is one important limitation: SIJS recipients cannot use their Green Card to sponsor their parents for immigration benefits. This restriction exists because SIJS is premised on the finding that the parent-child relationship was broken by abuse, neglect, or abandonment.

Timeline: How Long Does SIJS Take in California?

The timeline for SIJS varies depending on several factors, including the county where the state court case is filed, the complexity of the case, and USCIS processing times.

California’s Juvenile and Family Court System and SIJS

California has one of the most developed and SIJS-supportive court systems in the country. Several features of California law make the state particularly favorable for SIJS cases.

California Code of Civil Procedure Section 155

As mentioned above, Section 155 establishes a clear procedure for requesting SIJS findings in any California court with jurisdiction over a child. It instructs courts to make the findings when evidence supports them and prohibits courts from refusing to make findings solely because the purpose of the request is to obtain immigration benefits.

County-by-County Variations

While California law is statewide, individual counties may have different procedures, forms, and judicial attitudes toward SIJS. Bueno Immigration works with dependency and guardianship courts across California, including in Los Angeles, San Diego, San Francisco, Fresno, and surrounding counties. Understanding local court practices is essential for efficient case preparation.

The Role of Legal Representation

SIJS cases require coordination between state court proceedings and federal immigration filings. An attorney knowledgeable in both California family and juvenile law and federal immigration law is essential. Studies consistently show that represented youth are far more likely to obtain SIJS findings and ultimately receive their Green Cards than those who attempt the process without legal counsel.

Common Questions About SIJS in California

Can a child qualify for SIJS if only one parent was abusive or neglectful?

Yes. Since the TVPRA of 2008, a child can qualify based on abuse, neglect, or abandonment by only one parent. The other parent may be loving and supportive, and the child can still be eligible.

Does the child need to be in foster care?

No. While many SIJS cases involve children in the dependency or foster care system, a child living with a relative, family friend, or other caretaker can also qualify, typically through a guardianship proceeding.

Can a child who entered the U.S. without inspection qualify?

Yes. Unlike many immigration pathways, SIJS does not require lawful entry into the United States. A child who crossed the border without inspection can still qualify.

What happens if the child turns 18 during the process?

This is a serious concern. If the child turns 18 before the state court order is obtained, the case becomes much more difficult because juvenile court jurisdiction may end. If the I-360 is filed before the child turns 21, USCIS should not deny the petition based on age if delays are caused by government processing. However, early filing is always strongly recommended.

Can a child with a deportation or removal order qualify?

Yes. SIJS can be pursued even if the child is in removal proceedings. In fact, SIJS can serve as a basis for the immigration judge to terminate proceedings or for the child to adjust status.

What if the child has a criminal record?

Minor juvenile offenses generally do not disqualify a child from SIJS. However, serious criminal convictions can create bars to adjustment of status. Each case must be evaluated individually.

How Bueno Immigration Helps SIJS Applicants Across California

At Bueno Immigration, we are dedicated to protecting the rights of immigrant youth throughout California. Our team handles every stage of the SIJS process, including:

• Initial consultation and eligibility assessment: We evaluate whether a young person qualifies for SIJS and identify the best legal strategy.
• State court proceedings: We prepare and file guardianship petitions, dependency motions, or other court filings needed to obtain the SIJS special findings. We represent clients in courts across California, from San Diego to Los Angeles to Fresno and beyond.
• USCIS filings: We prepare and file the I-360 petition and I-485 adjustment of status application, ensuring all documentation is complete and accurate.
• Ongoing case management: We monitor processing times, respond to USCIS requests for evidence, and keep clients and their caregivers informed at every step.

We understand the urgency that SIJS cases require, particularly when a young person is close to aging out. We prioritize these cases and work to move them through the system as quickly as possible.

Learn more about our SIJS representation on our Special Immigrant Juvenile Status service page.

Our team handles every stage of the SIJS process with urgency and compassion

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Bueno Immigration or Bueno Law. Immigration law is complex and changes frequently. Individual results depend on the specific facts and circumstances of each case. If you need legal assistance, please contact our office to schedule a consultation with a licensed attorney.