It begins somewhere unusual
Unlike most immigration cases, SIJS starts in a state juvenile, family, dependency, or probate court. That court makes findings about custody, about reunification, and about the child’s best interests. Only then does the immigration petition follow.
The findings the court has to make
That the child is dependent on the court or placed in someone’s custody, that reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar basis under state law, and that returning to the country of nationality is not in the child’s best interests.
Age is the hard limit
Eligibility depends on age, and the state court process has to be completed before the child ages out of that court’s jurisdiction. This is where cases that would otherwise succeed are lost.
One parent can be enough
Non-viability of reunification with one parent can support the findings, depending on the applicable law. A child does not need to be estranged from both parents, and does not need to be in removal proceedings.
