A grandparent can play a central role in a Special Immigrant Juvenile Status case, but the process works differently from sponsorship in other immigration categories.
The SIJS predicate findings come from a state juvenile, family, or probate court — not from the immigration authorities. A grandparent who has taken on a caregiving role typically petitions that court for legal custody or guardianship, and it is in that state-court proceeding that the judge makes the specific findings SIJS requires. The immigration petition to USCIS comes afterward and relies on that state-court order.
What Is SIJS?
SIJS may be available to certain immigrant children who have been abused, abandoned, or neglected by one or both parents.
The process requires a state court order finding that:
- Reunification with one or both parents is not viable
- It would not be in the child’s best interest to return to the child’s home country
What Role Does a Grandparent Play?
A grandparent who has assumed a caregiving role may pursue legal custody or guardianship through family or juvenile court.
That court process allows the judge to make the findings required for SIJS.
The grandparent is not sponsoring the child in the same way that a petitioner sponsors a relative in another visa category. Instead, the custody or guardianship case often becomes the foundation of the SIJS petition.
What Must the Juvenile Court Find?
The court generally must find:
- The child is dependent on the court or has been placed in the custody of an individual or entity appointed by the court
- Reunification with one or both parents is not viable because of abuse, abandonment, neglect, or a similar basis under state law
- Returning to the child’s home country would not be in the child’s best interest
In our experience, the time between filing the custody or guardianship case and obtaining the required findings depends heavily on the county and the court’s docket. We build that state-court timeline into the overall SIJS plan from day one, because the child can age out of eligibility if the pieces are not sequenced correctly.
What Happens After SIJS Is Granted?
After USCIS approves the SIJS petition, the child may generally apply for lawful permanent residence. Visa availability and processing times may affect the timeline, particularly depending on the child’s country of origin.
Frequently Asked Questions
Can another relative pursue SIJS, or only a grandparent?
Other relatives or caregivers may also be able to pursue the state court order if they have or are seeking legal custody or guardianship.
Does SIJS lead to a green card?
SIJS provides a path to lawful permanent residence, although waiting periods may vary depending on the child’s country of birth.
Do both parents need to be unavailable for reunification?
No. The required findings may apply to one or both parents, depending on the child’s circumstances.
Is there an age limit for SIJS?
The child generally must be under 21 and unmarried. State juvenile court jurisdiction may end earlier, often at age 18, so timing is important.
Speak With an Immigration Attorney
Konare Law helps families navigate both the state court and immigration portions of an SIJS case. Please call (833) 888-0417 or visit our contact page
