Massachusetts
Special Immigrant Juvenile attorney helping vulnerable children find stability
Protection for abused, neglected, or abandoned minors
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.
From court findings to USCIS approval and a green card
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.
Eligibility criteria under Massachusetts and federal law
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.
Special Immigrant Juvenile (SIJ) Cases – FAQ
What exactly is SIJ status?
It’s a humanitarian path for unmarried immigrants under 21 who can’t reunify with one or both parents due to abuse, neglect, or abandonment and for whom return to their country isn’t in their best interest.
Do I need a state-court order first?
Yes. A juvenile, probate, or family court must issue specific findings (custody/guardianship and the required SIJ findings) before USCIS can grant SIJ classification.
Is there an age deadline?
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.
Can a youth in foster care qualify?
Often, yes. SIJ works for youths in foster care, with guardians, or living with one non-abusive parent if the other cannot reunify because of abuse, neglect, or abandonment.
Will SIJ help my parents immigrate?
No. SIJ does not create immigration benefits for the child’s natural or prior adoptive parents.
Is there a wait for a green card after SIJ approval?
Sometimes. Visa availability depends on the child’s country of birth and current priority-date backlogs. Some can adjust immediately; others must wait.
Can SIJ be denied if there’s no police report?
Not necessarily. Courts can rely on credible testimony, affidavits, school or medical records, and other corroboration. Police reports help but aren’t mandatory.
Do I need both immigration and family-court lawyers?
Ideally you have a coordinated team; SIJ crosses two systems, and missteps in one can harm the other.
Court coordination, trauma-informed interviews, and multilingual advocacy
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.