Steps to get an SIJ order in California

If you want to apply for Special Immigrant Juvenile classification, you must get a Special Immigrant Juvenile (SIJ) order from a state court, first.

 

There are three steps to getting an SIJ order:

  1. Start a case in state court
  2. Ask the judge for an SIJ order
  3. Get the SIJ order

  • Start a case in state court

     To get an SIJ order, someone must start a case in state court to ask for findings and orders that protect you from abuse, neglect, abandonment, or similar mistreatment. If you already have a case in state court, you can request an SIJ order in that case. If not, you must start a new case in the right court.

    A lawyer or self-help center can help you find out if there is already a case or help you start a new one that's right for your situation.

    • California’s state courts are called “superior courts.” Every county has one.

    • Laws and forms are mostly the same across counties, but court rules may be different.

    • You usually file in the county where you live, but sometimes another county is better. A lawyer can help decide.

    Common case types for SIJ orders:

    Juvenile dependency cases

    • What is it? The court finds a parent is not able to keep their child (you) safe from abuse or neglect and  makes them a dependent of the court.
    • What happens? The court may place you in a foster home, group home, or guardianship.

    • You will get a free court-appointed lawyer.

    • Who can start a case? Only a county agency.
    • Find out more

    Juvenile justice cases

    • What is it? The court decides a child (you) has broken the law and is a ward of the court.
    • What happens? You may be placed in juvenile hall, foster care, or a group home.

    • You will get a free court-appointed lawyer.

    • Who can start a case? Only a district attorney.
    • Find out more

    Family law cases

    • Divorce or legal separation: Your parents file for divorce or legal separation and ask for custody orders. Find out more

    • Parentage (paternity): The court decides who your legal parents are. This allows for custody and support requests. You can start a parentage case. Find out more

    • Custody and support cases: Your parents ask the court to make decisions about custody and child support. Find out more

    • Adoption: A stepparent, relative, or other adult asks to legally adopt you. Adoption is permanent, unlike guardianship. Find out more

    • Domestic violence restraining orders: When there is domestic violence by one parent, your other parent or you can request a restraining order and custody orders to protect you. Find out more

    Guardianship cases

    • When your parents can't care of you and another adult asks the court for legal custody (guardianship).

    • If you are 12 or older, you can start a guardianship case.

    • If you are 18-20 years old, you may still qualify for a guardianship case in probate court.

    • If you already have a guardianship and start your SIJ application when you turn 18, you can ask the court to extend your guardianship until you finish the application process.

    • Find out more

  • Ask the judge for an SIJ order

    After your case is started in state court, you must ask the judge to decide these three things:

    1. You are in legal custody: The court has placed you in the custody of a person or agency.

    2. You cannot reunite with at least one parent: This must be because of abuse, abandonment, or neglect.

    3. It is not good for you to return to your home country: Or the country where you or your parents last lived.

    A lawyer or self-help center can help you fill out the right forms and include the right information.

      Forms to ask for an SIJ order:

      Juvenile dependency, delinquency, and juvenile court guardianship cases

      • A free court-appointed lawyer will help you file your request.

      • Your lawyer will use Request for Special Immigrant Juvenile Findings (form JV-356).

      Family law cases

      • You must file a Confidential Request for Special Immigrant Juvenile Findings—Family Law (form FL-356).

      • If others in the case want to provide more information, they must file a Confidential Response to Request for Special Immigrant Juvenile Findings (form FL-358).

      Probate guardianship cases

      • File a Petition for Special Immigrant Juvenile Findings (form GC-220).

      • If you are 18-20 years old, you can request a new guardianship or an extension of your guardianship so you can finish your SIJ application.

    1. Get the SIJ order

       A judge will review your request at your court date. If they approve your request, they will sign a Special Immigrant Juvenile Findings order using form FL-357/GC-224/JV-357. 

      ⚠️You or your lawyer will need to fill out form FL-357/GC-224/JV-357 for the judge to sign. The court clerk may fill it out for you instead, so be sure to ask.

      📌 Next steps

      • File this order with your SIJ application to U.S. Citizenship and Immigration Services (USCIS). Learn more about the application process from USCIS.

      • USCIS will handle the rest of your SIJ case.

    Key takeaways

    • Start the right case: You must have a state court case before requesting an SIJ order.

    • Ask for the SIJ order: The court must decide three things—who takes care of you, that you can't live with at least one of your parents because of abuse, neglect, or abandonment, and that it isn't good for you to return to your home country.

    • Get the court order: If approved, you will get a Special Immigrant Juvenile Findings order to include with your application for SIJ classification with USCIS.

    • Legal help is available: A lawyer or self-help center can help you at every step.

     

    Special Immigrant Juvenile Classification

    What's next?

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