SIJS is a type of immigration relief that first requires the child applicant to obtain a state court order (called a SIJS predicate order) before applying for a juvenile immigrant visa with U.S. Citizenship and Immigration Services. A SIJS predicate order must make three specific findings:

 

1. The child has been declared dependent on a juvenile court or legally committed to or placed under the custody of a state agency or department or an individual or entity appointed by a state or juvenile court;

2. That reunification with one or both of the child's parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and

3. That it is not in the child's best interest to be returned to his/her country of nationality or last habitual residence. 

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In California, SIJS findings are most commonly made in probate guardianship, family court custody, dependency or delinquency proceedings.

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The ILDC has screened and determined our clients are prima facie eligible for SIJS status. We are asking pro bono family law attorneys to assist clients ONLY in obtaining SIJS predicate orders. An ILDC immigration attorney will take over the case once a SIJS predicate order has been secured and complete the SIJS immigrant visa application with the U.S. Citizenship and Immigration Services.

 

For more information on SIJS please see ILRC's manual.  

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