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Immigration Court and SIJS: A Special Process for Youth

If you’re in immigration court proceedings and under 21, you may be eligible for SIJS (Special Immigrant Juvenile Status) – a pathway to permanent residence that can stop your removal case and lead to a green card.

Are you or your child in immigration court? Don’t face deportation alone. Call (213) 596-9642 immediately for emergency SIJS evaluation. We can help stop removal proceedings and start your path to a green card.

How SIJS Can Stop Your Removal Case

SIJS provides protection for young people who have been abused, neglected, or abandoned by their parents. If you qualify for SIJS, you can:

  • Request termination of removal proceedings
  • Apply for a green card through SIJS
  • Eventually become a U.S. citizen
  • Petition for certain family members

SIJS Eligibility in Removal Proceedings

To use SIJS as a defense in immigration court, you must:

  1. Be under 21 when you file your USCIS petition
  2. Be unmarried
  3. Have state court findings that reunification with one or both parents is not viable
  4. Show it’s not in your best interest to return to your home country

Timeline: Immigration Court vs. Family Court

SIJS cases require coordination between two courts:

Family Court (State)

  • File guardianship or custody case
  • Get court findings about abuse/neglect/abandonment
  • Obtain order that return is not in best interest

Immigration Court (Federal)

  • Request continuances while getting state court order
  • File SIJS petition (Form I-360) with USCIS
  • Request termination of proceedings once approved

Common SIJS Court Scenarios

Scenario 1: Already in Removal Proceedings

If you’re already in immigration court, your attorney can request continuances while you pursue SIJS in family court. Most immigration judges will grant reasonable continuances for SIJS cases.

Scenario 2: Recently Detained

If ICE recently detained you and you’re under 21, immediately explore SIJS options. You may qualify for bond while pursuing family court proceedings.

Scenario 3: Aging Out Soon

If you’re close to turning 21, time is critical. You must file your USCIS petition before your 21st birthday, even if removal proceedings are pending.

Working with Immigration Court on SIJS

Requesting Continuances

Your attorney should request continuances to allow time for:

  • Filing family court case
  • Obtaining required state court findings
  • Filing Form I-360 with USCIS
  • Waiting for USCIS approval

Presenting Your SIJS Case

Once USCIS approves your I-360 petition, your attorney can:

  • File a motion to terminate proceedings
  • Request administrative closure
  • Proceed with adjustment of status

What Immigration Judges Look For

Immigration judges generally support SIJS cases when they see:

  • Valid state court order with proper SIJS findings
  • Approved I-360 petition from USCIS
  • Evidence of good faith in pursuing the case
  • Compliance with court deadlines and continuance orders

Mistakes That Can Hurt Your SIJS Case

  • Missing court dates while pursuing SIJS
  • Inadequate state court findings that don’t meet federal requirements
  • Filing too late (after turning 21)
  • Not requesting continuances in immigration court
  • Proceeding without experienced counsel

Emergency SIJS Help

If you or your child are in immigration court and might qualify for SIJS:

  • Act immediately – time limits are strict
  • Get experienced representation in both courts
  • Gather evidence of abuse, neglect, or abandonment
  • Request continuances to pursue family court case

Emergency SIJS consultation: If your removal hearing is coming up and you might qualify for SIJS, call (213) 596-9642 now. Our team handles both immigration court defense and SIJS petitions to protect your right to stay in the United States.

This article provides general information and does not constitute legal advice. Attorney advertisement. Lluis Law, Los Angeles, California.