Special Immigrant Juvenile Status (SIJS) offers a path to lawful permanent residence for children who cannot reunify with a parent due to abuse, neglect, or abandonment. Castel & Hall LLP guides caregivers, foster parents, and community advocates across Massachusetts—from Framingham and Woburn to Boston—through the two-part process: securing the necessary state court findings and then petitioning USCIS. We coordinate SIJS with broader immigration law strategies so young people have a stable plan forward.
Step one is obtaining a state court order (often via guardianship, custody, or dependency) that includes specific SIJ findings. Step two is filing Form I-360 for SIJ classification with USCIS, followed—when a visa is available—by Form I-485 for a green card. Timing matters: certain court orders may require filing before age 18, even though SIJS eligibility extends to under-21. We also assess any required immigration waivers and monitor visa availability by country to determine the earliest filing window.
A child may qualify if they are under 21, unmarried, present in the U.S., and a Massachusetts juvenile or family court determines that reunification with one or both parents is not viable due to abuse, neglect, or abandonment—and that returning to their home country is not in their best interest. Our team helps families gather records, affidavits, and social service documentation to support the findings and later filings. If other relief could help, we discuss asylum options and plan for long-term status needs.
Yes—both for state court jurisdiction and USCIS filing. Because state courts have age limits, you must act early; waiting can foreclose the necessary court findings even if USCIS still accepts filings under 21.
No. SIJ does not create immigration benefits for the child’s natural or prior adoptive parents.
Sometimes. Visa availability depends on the child’s country of birth and current priority-date backlogs. Some can adjust immediately; others must wait.
Not necessarily. Courts can rely on credible testimony, affidavits, school or medical records, and other corroboration. Police reports help but aren’t mandatory.
Ideally you have a coordinated team; SIJ crosses two systems, and missteps in one can harm the other.
Castel & Hall handles both the Massachusetts court component and the federal filings, preparing clear declarations and evidence while minimizing the burden on the child. We work in English, Spanish, Portuguese, French, and Haitian Creole, and we collaborate with schools, DCF, and medical providers as needed. After SIJS approval, we map next steps, including eventual family immigration benefits for qualifying relatives in the future, where the law allows.