Navigating the immigration system can be overwhelming, especially when it involves a child who has faced abandonment, abuse, or neglect. Special Immigrant Juvenile Status (SIJS) is a powerful form of immigration relief available to certain undocumented children in the United States, but it requires the right legal support and specific findings from a California family court. If you’re a guardian or caretaker in Novato wondering how to help a child apply for SIJS, this guide is for you.
Understanding the Guardian’s Role in an SIJS Case
In SIJS cases, the family court must decide that the child cannot reunify with one or both parents due to abuse, neglect, or abandonment, and that it’s not in the child’s best interest to return to their home country. This process often begins with a guardian who steps up to care for the child and seeks legal guardianship through the Marin County Superior Court.
As a guardian, you play a crucial role in helping the child obtain the necessary court findings for SIJS eligibility. Here’s what that might look like in practice:
- Filing for Guardianship: You may need to petition the court for legal guardianship of the child, which also allows you to request the findings required for SIJS.
- Requesting SIJS Findings: Alongside the guardianship petition, you’ll need to ask the court to make “SIJS findings,” including that the child can’t reunify with one or both parents due to mistreatment and that it’s not in their best interest to return to their country of origin.
- Testifying in Court: You may need to attend a hearing and testify about the child’s background and living situation. This helps the judge understand the circumstances and issue the appropriate findings.
- Supporting the Immigration Petition: Once the state court order is granted, the child (with the help of an immigration attorney) can use that order to file Form I-360 with U.S. Citizenship and Immigration Services (USCIS) to begin the federal SIJS process.
Why Legal Guidance Matters
While it’s possible to pursue guardianship and SIJS findings without an attorney, the process can be legally and emotionally complex. A family law attorney experienced in SIJS cases can help ensure that the court documents are properly prepared, the case is positioned correctly, and the right findings are requested from the judge.
That’s where Castro Law Offices in Novato can be a valuable resource. Their team understands the intersection of California family law and federal immigration law, and they’re committed to helping children and guardians navigate the SIJS process with care and precision.
Helping a Child Build a Safer Future
For many undocumented youth in Novato, SIJS offers a path toward safety, stability, and a future in the United States. As a guardian, your support can make a life-changing difference—both in court and beyond. By working with the right legal team and understanding your role, you can help a child take the first steps toward permanent residency and a brighter future.
