JLA Law Group

Special Immigrant Juvenile Status (SIJS) Attorneys in Norcross and Atlanta, Georgia

Case Evaluation→(770) 609-9396

Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent residence for children in the United States who have been abused, neglected, or abandoned by one or both parents. The process requires two stages: first, obtaining special findings from a state juvenile court, and second, filing an I-360 petition with USCIS for SIJ classification followed by adjustment of status (I-485) to obtain a green card. In Georgia, juvenile court jurisdiction is governed by O.C.G.A. § 15-11-2, and the court must make findings that the child is dependent on the court, that reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and that it is not in the child's best interest to be returned to their home country.

To be eligible for SIJS, the applicant must be under 21 years of age, unmarried, and present in the United States. The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 provides important protections against aging out for SIJS applicants who were under 21 when their I-360 petition was filed, ensuring that delays in visa availability do not destroy their eligibility. Georgia courts have jurisdiction over dependency and custody proceedings involving minors, and the special findings order issued by the state court is a prerequisite for the USCIS petition.

SIJS cases require coordination between state family or juvenile court proceedings and the federal immigration process. At J. Lee & Associates, our attorneys handle both stages, from the state court petition through USCIS adjudication. We have experience working with Gwinnett County juvenile courts and understand the specific procedures and evidentiary standards required. We serve Norcross, Gwinnett County, and the greater Atlanta metro area with bilingual attorneys who protect the rights of vulnerable children.

Steps You Should Take

1

Consult with an Attorney to Assess Eligibility

We evaluate whether the child's situation meets the legal definitions of abuse, neglect, or abandonment under Georgia law and whether the required court findings can be obtained.

2

File for State Court Special Findings

We prepare and file the petition in Gwinnett County juvenile court (or the appropriate Georgia court) seeking the dependency findings and the order containing the required SIJS special findings.

3

File I-360 and I-485 with USCIS

After obtaining the state court order, we file the I-360 petition for SIJ classification and, when a visa number is available, the I-485 application for adjustment of status to permanent residence.

4

Call JLA for a Confidential SIJS Consultation

Call (770) 609-9396 to speak with a bilingual attorney about Special Immigrant Juvenile Status. All consultations involving minors are handled with the utmost confidentiality and sensitivity.

Frequently Asked Questions

What are the requirements for Special Immigrant Juvenile Status?
The applicant must be under 21 years of age, unmarried, and present in the United States. A state juvenile court must issue findings that the child is dependent on the court due to abuse, neglect, or abandonment by one or both parents, that reunification with the abusive or neglectful parent is not viable, and that return to the child's home country is not in their best interest.
What court issues the special findings for SIJS in Georgia?
In Georgia, juvenile courts under O.C.G.A. § 15-11-2 have jurisdiction over dependency and custody proceedings involving minors. The court issues an order containing the required special findings. Superior courts may also have jurisdiction in certain custody contexts. The specific procedural requirements vary by county.
Does the child need to be in foster care to qualify for SIJS?
No. The child does not need to be in foster care or in the custody of a state agency. A child living with one parent, a relative, a guardian, or another caretaker may qualify if the court finds that reunification with the other parent is not viable due to abuse, neglect, or abandonment.
What happens if the child turns 21 while the case is pending?
The TVPRA provides age-out protections for SIJS applicants. If the I-360 petition was filed before the child turned 21, they are protected from aging out even if visa processing delays push adjudication past their 21st birthday. However, the child must remain unmarried throughout the process.
Can SIJS lead to a green card?
Yes. After USCIS approves the I-360 petition granting SIJ classification, the applicant files Form I-485 to adjust status to lawful permanent resident. SIJS applicants are exempt from many grounds of inadmissibility, including the public charge ground. The green card obtained through SIJS is permanent but does not allow the holder to sponsor their parents for immigration benefits.

Applicable Laws

INA § 101(a)(27)(J) / 8 U.S.C. § 1101(a)(27)(J)Special Immigrant Juvenile classification: federal statutory basis for SIJS eligibility.
O.C.G.A. § 15-11-2Georgia juvenile court jurisdiction: authority to make dependency findings required for SIJS.
TVPRA of 2008, § 235(d)Age-out protections for SIJS applicants: preserves eligibility when I-360 is filed before age 21.
8 CFR § 204.11USCIS regulations governing SIJS petitions: eligibility, evidence requirements, and adjudication standards.

Related Services

Tarjeta VerdeLey de InmigraciónAjuste de EstatusLey de InmigraciónAsiloLey de Inmigración

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
C
Criminal & Immigration

Case Evaluation

Talk to a special immigrant juvenile attorney today.

Schedule Consultation(770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

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