If a parent hurt you, left you, or could not care for you
Special Immigrant Juvenile Status is a protection under federal immigration law for children and young adults who cannot safely be reunited with one or both parents because of abuse, neglect, abandonment, or a similar reason under state law. Many of the young people we help came to the United States alone, or came to live with a relative after a parent left, died, or became dangerous.
You do not have to be a small child. SIJS can apply to teenagers and young adults under 21. You do not need both parents to be at fault; it is enough that reunification with one parent is not viable. And the parent you live with now can be the one who asks the court for custody.
Talking about a parent this way is hard. We ask only what the court and USCIS need, and we explain each step before it happens.
How SIJS works: state court first, then USCIS
SIJS has two parts, and they happen in order. The first part is in state court, not immigration court. In Virginia, a parent, relative, or guardian files a custody petition in the Juvenile and Domestic Relations District Court. We ask the judge to award custody and to make specific written findings: that reunification with one or both parents is not viable because of abuse, neglect, or abandonment, and that it is not in the child's best interest to return to the home country.
The second part is federal. With the court order in hand, we file Form I-360, Petition for Special Immigrant Juvenile, with USCIS. USCIS reviews whether the order and the facts meet the federal requirements. You must be under 21 and unmarried when the I-360 is filed.
The third step is the green card itself, Form I-485, which can be filed when a visa number is available for the SIJS category. There is often a wait. While waiting with an approved I-360, many young people may receive deferred action and a work permit. We explain what the wait looks like for your country and age.
- Step 1: Free consultation to confirm age, marital status, and the facts about each parent.
- Step 2: Virginia Juvenile and Domestic Relations court custody petition with SIJS findings.
- Step 3: Form I-360 filed with USCIS, with the court order and supporting evidence.
- Step 4: Form I-485 for permanent residence (a green card) when a visa is available, with a work permit request where possible.
What USG Law Group does for you
Most immigration firms refer the custody case out. USG Law Group handles Virginia state-court child custody petitions in-house, often for SIJS, so the same team manages both halves of your case. Attorney Marianela Uribe is licensed in Virginia and Maryland and reviews every filing. Gigi Mejia, our USCIS Practice Manager, keeps you informed and works the USCIS petition side.
We prepare the custody petition, gather the evidence the judge needs, prepare the child and the caregiver for the hearing, and go to court with you. We then prepare the I-360 so that the order and the story fit together, respond to any USCIS request for evidence, and file the I-485 and work permit when the time comes.
If the young person is in removal proceedings, we coordinate with the immigration court (EOIR) case so the SIJS process can move forward and the court knows about it.
Eligibility, timing, and what can go wrong
The age rules are the part that catches families off guard. USCIS requires that you be under 21 when the I-360 is filed, but the state court step usually has to happen earlier, and the state court's own age limits can be stricter. If a young person is 17 or older, call us right away. Waiting can close the door.
Other problems we see: custody orders that do not contain the specific findings USCIS needs, cases where the facts about the parent were not documented, young people who married before filing, and confusion when the child already lives with the parent who was not at fault. Most of these can be handled with careful planning, but not after the fact.
One honest limit: a person who receives a green card through SIJS can never later sponsor either parent for immigration, including the parent who was not at fault. We make sure families understand this before they decide.
Why families choose an SIJS lawyer at USG Law Group
You get one bilingual firm for both the Virginia custody order and the federal petition, led by an immigrant attorney who explains everything in detail. Clients tell us we move faster than other offices had quoted and that Gigi is patient with worried parents and nervous teenagers alike.
We offer a free initial consultation, payment plans and financing, and evening, weekend, and virtual appointments. Our office is in Woodbridge, Virginia, near Potomac Mills. For the Virginia custody step we work with families across Northern Virginia and Richmond; for the USCIS steps we serve clients in Maryland and Washington DC as well.
Related help from USG Law Group
See our Child Custody page for how the Virginia Juvenile and Domestic Relations court process works. If the young person is in removal proceedings, our Deportation Defense page explains that side. For the green card step, see Adjustment of Status, and for work authorization while waiting, see our Work Permit (EAD) page.
