Why Guardianship Is the First Step in SIJ Cases?

Special Immigrant Juvenile Status (SIJ) is one of the most important forms of immigration relief available to children who cannot safely return to one or both parents. SIJ provides a pathway to lawful permanent residence and long-term stability in the United States. But before a child can apply for SIJ with U.S. Citizenship and Immigration Services (USCIS), a specific family court order is required.

What Is SIJ (Special Immigrant Juvenile Status)?

SIJ is designed for children under 21 who meet three conditions:

• They have been abused, neglected, or abandoned by one or both parents
• They cannot safely return to their home country
• It is in their best interest to remain in the U.S.

SIJ offers powerful protection, including:

• Protection from deportation
• Eligibility for a green card
• Access to long-term stability and safety

But before immigration can get involved, the family court must speak first.

Why Guardianship Comes Before the Immigration Case?

1. Family Court Must Establish Who Is Responsible for the Child

USCIS cannot accept an SIJ petition until a state court, often a family court, decides who has the authority to care for the child.
A guardianship order does exactly that.

It legally appoints an adult who will:

• Provide daily care
• Make decisions
• Protect the child
• Act in the child’s best interest

2. Guardianship Allows the Judge to Issue Key Findings

Family court must issue SIJ-specific findings, including:

• Reunification with one or both parents is not viable
• Returning to the home country is not safe
• It is in the child’s best interest to remain in the U.S.
• The guardian is the appropriate caregiver

These findings can only be made in connection with a custody or guardianship case.

3. The Court Must Determine That Returning Home Would Be Harmful

SIJ is based on child protection.
For USCIS to approve the case, the family court judge must confirm that:

• Going back home would expose the child to danger
• The parent cannot provide safe care
• The child requires ongoing protection in the United States

This determination only happens during the guardianship process.

4. Guardianship Proves Stability and Care

USCIS looks closely at whether the child has:

• A stable home
• Consistent schooling
• Medical support
• A responsible adult caring for them

A guardianship order demonstrates that the child is not alone and that there is structure in place for their future.

5. Without Guardianship, USCIS Will Reject the SIJ Petition

This is the most critical point.

USCIS requires:

• A guardianship or custody order
• AND the SIJ predicate findings from the judge

If these documents are missing, incomplete, or filed incorrectly, USCIS will not proceed with the case.

Guardianship is the “ticket” that allows the immigration attorney to begin the SIJ process.

What Happens After Guardianship?

Once the court issues the order, your attorney can move to immigration:

Step 1: File the SIJ petition (Form I-360)

Step 2: Submit evidence and court documents

Step 3: Respond to any requests from USCIS

Step 4: File for adjustment of status (green card) if eligible

Step 5: Receive long-term protection and stability

Common Misunderstandings About SIJ and Guardianship

• “I can skip family court and go straight to immigration.”
  ➝ False. USCIS will not accept the case.
• “The guardian must be a relative.”
  ➝ Not necessarily. It can be any responsible adult.
• “The child has to be under 18.”
  ➝ Many states allow SIJ findings until age 21.
• “Only physical abuse qualifies.”
  ➝ Neglect, abandonment, and emotional harm count too.

Why Legal Help Matters?

Guardianship + SIJ is a two-court process with strict requirements.
Mistakes in either court can affect the entire case.

A qualified immigration and family attorney can:

• Write SIJ predicate orders correctly
• Prepare SIJ-ready affidavits
• Guide the guardian through their responsibilities
• Protect the child’s rights in both courts
• Ensure the immigration case is filed on time
• Respond to requests from USCIS efficiently

When done correctly, SIJ becomes a powerful protection tool for children who need safety and stability.

For any child seeking SIJ, guardianship is not just step one; it is the legal foundation of the entire process.
It gives the court authority to protect the child and allows USCIS to move forward with confidence.