Guardianships for immigrant youth (under 21 years old)
Guardianships usually end when you turn 18. However, if you are an 18 to 20-year-old immigrant youth, you can ask the court for a guardianship of the person as part of your request for a Special Immigrant Juvenile (SIJ) order in state court. The SIJ order is a required part of the application for SIJ classification.
The youth (you) must agree to the guardianship.
️ If you already have a guardianship, you may be able to extend it past your 18th birthday if you're applying for SIJ classification.
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Set up a new guardianship (ages 18-20)
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Fill out and file the forms
- Follow these instructions to complete the necessary forms to start a guardianship case.
- Either you or the person who wants to be appointed your guardian can fill out and file the forms.
- ℹ️ Regardless of who fills out the forms, the youth (you) must sign the petition so that the court knows you agree to the guardianship.
- You can sign:
- Page 4 of the Petition for Appointment of Guardian of the Person (form GC-210(P)), or
- Page 3 of the Petition for Appointment of Guardian of Minor (form GC-210)
- Be sure to also fill out and file a Petition for Special Immigrant Juvenile Findings (form GC-220).
- This is the form you'll use to ask for the findings you need for your application for SIJ classification.
Do not request a guardianship of the estate. This is not allowed for youth over 18.
- Follow these instructions to complete the necessary forms to start a guardianship case.
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Go to your court date
You will likely have a court date. At the court date:
- The judge will decide if they will appoint the guardian.
- The judge will also decide if they will make the SIJ findings.
If approved, the court will sign an order called Special Immigrant Juvenile Findings (form FL-357/GC-224/JV-357). This is the order you'll need for your application for SIJ classification.
ℹ️ You or your lawyer must usually fill out this order for the judge to sign. The court clerk might prepare it if you ask.
Extend a guardianship past age 18
If the youth (you) already has a guardianship, you can ask the court to extend it past age 18. This must happen before you turn 18.
• The youth
• Another interested person
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Fill out the forms
Fill out:
- Petition to Extend Guardianship of the Person (form GC-210(PE))
- Petition for Special Immigrant Juvenile Findings (form GC-220)
- Notice of Hearing—Guardianship or Conservatorship (form GC-020)
- Fill out the caption (top of the page) and #1 on form GC-020.
Make 2 copies of each form.
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File the forms and get a court date
- File the forms at the court’s probate division in your existing guardianship case.
- The clerk will:
- Stamp your forms
- Give you copies
- Give you a court date to add to your Notice of Hearing (form GC-020)
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Give notice and file proof of service
- Have another adult (not you or anyone involved in the case) mail the forms to everyone who needs to get notice. This person is called the server.
- After mailing:
- The server fills out and signs page 2 of the Notice of Hearing (form GC-020)
- File the signed form with the court
If more than 4 people were served, fill out and attach Attachment to Notice of Hearing (form GC-020(MA) to show who was served.
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Go to your court date
At the court date:
- The judge will decide if they will extend the guardianship
- They will also decide whether to make the SIJ findings
If approved, the court will sign an order called Special Immigrant Juvenile Findings (form FL-357/GC-224/JV-357). This is the order you'll need for your application for SIJ classification.
ℹ️ You or your lawyer must usually fill out this order for the judge to sign. The court clerk might prepare it if you ask.
Key takeaways
• You can ask for a guardianship for immigrant youth ages 18–20 to help them apply for SIJ classification.
• The youth must agree to the guardianship.
• If the youth already has a guardianship, you can ask to extend it before they turn 18.