Special Immigrant Juvenile Status (SIJS)

How Do I Petition the Court for Special Immigrant Juvenile Status (SIJS)?

A parent or third party may file a Petition for Custody and Motion for Special Immigrant Juvenile Status. Consent for custody and SIJS relief must be given by the non-residential parent(s) or after proper service if no consent and the time for filing an Answer has passed, a Motion for Order of Default must be filed. A request for default must be filed in advance of the hearing date. (Default Form CC-DR-054)
A hearing may not occur until the time to vacate an order of default has passed.
Waiver of Service is not permitted to satisfy the service requirement.
In cases where one or both parents are deceased, copies of death certificates must be filed. (All documents must contain certified translations.)

To petition the Court for Guardianship and SIJS relief, the child and all living parents must consent to the Guardianship. A Show Cause Order will not issue until consents and/or death certificates are filed with the Court. The Show Cause Order must be served upon appropriate parties, including parents who are living outside the country.
Waiver of Service is not permitted to satisfy the service requirement.

Required Documents:

Birth certificate of the minor with certified translation
Declaration of the minor in native language and certified translation
Parental consent to custody/guardianship in native language and certified translation
Waiver of Service is not permitted but alternative service may be accepted.
Death certificate or other proof of deceased parent with translation (if applicable)
Petitioner/Plaintiff's Affidavit/Declaration
A copy of the plaintiff and minor child/children's most recent photo identification (school ID, learner's permit, driver's license, state-issued ID, etc.)
Proposed Orders

For general information on SIJS, please click the link below: