Florida Special Immigrant Juvenile Status Lawyer

Special Immigrant Juvenile Status (SIJS) gives a child who has been abused, abandoned, or neglected by a parent a path to lawful permanent residence in the United States. The process has two halves. The first half takes place in a Florida state court in Miami-Dade County, where a judge must enter specific factual findings about the child. The second half takes place before U.S. Citizenship and Immigration Services (USCIS), which decides the immigrant petition and, later, the green card application. A misstep in either half can cost the child the benefit permanently, because the deadlines are tied to the child's age and do not extend.

Our Miami immigration attorneys handle both halves. We prepare and file the state court case, obtain the predicate order, and then file the federal petition and adjustment application. This page explains who qualifies, what the Florida court must find, the deadlines that control, and how a typical case moves from start to finish.

The Governing Law

SIJS is created by section 101(a)(27)(J) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1101(a)(27)(J). The implementing regulation is 8 C.F.R. § 204.11, which was substantially rewritten effective April 7, 2022. The Trafficking Victims Protection Reauthorization Act of 2008 added age-out protection and a 180-day adjudication requirement, found at 8 U.S.C. § 1232(d). Adjustment of status for SIJ recipients is governed by INA § 245(h), 8 U.S.C. § 1255(h).

On the Florida side, the relevant statutes depend on the type of case. Chapter 39 of the Florida Statutes governs dependency, and § 39.5075 specifically addresses SIJ findings for children in the custody of the Department of Children and Families. Chapter 751 allows an extended family member to seek temporary custody of a child. Chapter 61 governs custody disputes between parents. Chapter 63 governs adoption. Any of these proceedings can serve as the vehicle for SIJ findings, provided the court has jurisdiction over the child's custody or care.

Who Qualifies

Under 8 C.F.R. § 204.11(b), a child is eligible for SIJ classification if all of the following are true at the time Form I-360 is filed:

• Age: The child is under 21 years old.
• Marital status: The child is unmarried. A prior marriage that has ended by divorce, annulment, or death is acceptable.
• Physical presence: The child is physically present in the United States.
• Juvenile court order: A state court with jurisdiction over juveniles has (a) declared the child dependent on the court, or placed the child in the custody of a state agency or an individual or entity appointed by the court; (b) found that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law; and (c) found that it is not in the child's best interest to return to the child's country of nationality or last habitual residence.
• Continuing jurisdiction: The child remains under the court's jurisdiction, unless jurisdiction ended solely because of age, adoption, or placement in a permanent guardianship.
• DHS consent: The Department of Homeland Security consents to the grant. Under § 204.11(b)(5), USCIS grants consent when the court order was sought primarily to obtain relief from parental maltreatment rather than primarily to obtain an immigration benefit.

The "one or both parents" language matters. A child living safely with one parent in Miami can still qualify if the other parent abused, neglected, or abandoned the child. The parent who is present can be the petitioner in the Florida case.

The Florida State Court Case

USCIS does not decide whether a child was abused, neglected, or abandoned. That question belongs to the Florida court. The regulation at 8 C.F.R. § 204.11(a) defines a juvenile court as any court in the United States with jurisdiction under state law to make determinations about the dependency, custody, or care of juveniles. In Miami-Dade County, that means the Eleventh Judicial Circuit, either the Juvenile Division for dependency matters or the Family Division for custody, guardianship, and adoption matters.

Choosing the Right Proceeding

The vehicle depends on who is caring for the child and what relationship they have to the child.

• Chapter 751 temporary custody: Available when a relative within the third degree (a grandparent, aunt, uncle, adult sibling, or cousin, among others) or a stepparent is caring for the child. Under § 751.03, the relative files a verified petition in the county where the child lives. Under § 751.05, the court grants custody if the parents consent or if the court finds by clear and convincing evidence that the parents are unfit. This is the most common route for children living with extended family in Miami.
• Chapter 39 dependency: Under § 39.501(1), any person with knowledge of the facts may file a petition alleging that a child is dependent. The court can adjudicate the child dependent and place the child with a relative or nonrelative caregiver. This is the appropriate route when the caregiver is not a relative, or when the facts of abuse or neglect are serious enough that dependency jurisdiction is the better fit.
• Chapter 61 custody: Used when one parent is present and seeks sole parental responsibility based on the other parent's abuse, neglect, or abandonment.
• Chapter 63 adoption: An adoption decree can contain SIJ findings, and the regulation expressly preserves eligibility when jurisdiction ends because of adoption.

The Findings the Order Must Contain

Florida judges are not required to use any particular form, but the order must contain findings that track each element of § 204.11(c). We draft a proposed order that addresses:

1. The court's jurisdiction under Florida law over the child's custody or care.
2. The dependency declaration or the custody placement, with the statute under which it is made.
3. That reunification with the named parent or parents is not viable because of abuse, neglect, abandonment, or a similar basis under Florida law, citing the definitions in § 39.01. The order should describe the facts, not just recite the legal conclusion, because USCIS reviews the factual basis when deciding whether to consent.
4. That it is not in the child's best interest to return to the country of nationality or last habitual residence, with reasons.

Under § 204.11(d)(5), USCIS may ask for the evidence the court relied on if the order does not state a factual basis. An order that says only "the court finds the child was neglected" invites a Request for Evidence and delay. An order that says "the father left the family home in 2019, has not contacted or supported the child since, and his whereabouts are unknown" does not.

The Age Problem in Florida

Federal law allows a petition until age 21. Florida law defines a "child" for dependency and custody purposes as a person under 18. For most proceedings, a Florida court loses the ability to open a new custody case once the child turns 18. This creates a hard practical deadline: the Florida case must be filed, heard, and decided before the child's 18th birthday. A 17-year-old who arrives in Miami with ten months to go before turning 18 needs to be in court within weeks, not months.

Under § 39.013(2), a dependency court that already has jurisdiction may retain it past 18 in certain circumstances, and a child who was under court jurisdiction when the order was entered does not lose SIJ eligibility when jurisdiction later ends because of age. The protection applies only if the order was entered while the court still had jurisdiction. It does not help a young adult who never got to court before 18.

Form I-360 Before USCIS

Once the Florida order is entered, we file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS. There is no filing fee for an SIJ-based I-360. The filing package includes the certified court order, proof of the child's age (a birth certificate, passport, or other official document), and, for a child in removal proceedings, evidence of that status.

Deadlines and Processing

• Filing deadline: The I-360 must be received by USCIS before the child's 21st birthday. Under 8 U.S.C. § 1232(d)(6), a child who was under 21 on the filing date cannot be denied for aging out afterward.
• 180-day adjudication: 8 U.S.C. § 1232(d)(2) requires USCIS to adjudicate the I-360 within 180 days of filing. In practice, Requests for Evidence stop that clock, which is another reason to file a complete package with a detailed court order.
• Order in effect: Under § 204.11(c)(3)(ii), the court order must be in effect when the I-360 is filed and when it is adjudicated, unless jurisdiction ended because of age, adoption, or permanent guardianship.

After Approval: The Visa Backlog

SIJ recipients receive a green card under the employment-based fourth preference (EB-4) category, which has an annual numerical cap. For several years, demand from certain countries has exceeded supply, and the Department of State's monthly Visa Bulletin controls when an approved SIJ petitioner may file Form I-485. A child from a country with a backlog may wait years between I-360 approval and adjustment. USCIS policy on deferred action and work authorization for approved SIJ petitioners waiting for a visa number has changed more than once; we advise each client on the rule in effect at the time of approval and file for any interim benefit that is available.

Adjustment of Status Under INA § 245(h)

When a visa number is available, the child files Form I-485. Section 245(h) gives SIJ applicants significant advantages. The applicant is treated as having been paroled into the United States, which removes the bar that ordinarily applies to people who entered without inspection. Several inadmissibility grounds do not apply at all: public charge under § 212(a)(4), labor certification under § 212(a)(5)(A), presence without admission under § 212(a)(6)(A), misrepresentation under § 212(a)(6)(C), stowaway under § 212(a)(6)(D), lack of documents under § 212(a)(7)(A), and unlawful presence under § 212(a)(9)(B). Most remaining grounds can be waived for humanitarian purposes, family unity, or the public interest under § 245(h)(2)(B), with narrow exceptions for certain criminal and security grounds.

The SIJ-based I-485 is currently exempt from the filing fee. USCIS often schedules an interview at the Miami Field Office, and the officer will ask about the child's history, the court proceedings, and current living situation. Our adjustment of status interview preparation page describes how we prepare clients for that appointment.

One permanent limitation: under INA § 101(a)(27)(J)(iii)(II), a person who obtains a green card through SIJ can never petition for the natural or prior adoptive parents, including the parent who did not commit the abuse or neglect. Families need to understand this before choosing SIJ over other options.

Children in Removal Proceedings

Many SIJ-eligible children in Miami are already in proceedings before the Miami Immigration Court. The immigration judge cannot decide the I-360; only USCIS can. The judge can, however, decide the I-485 once the I-360 is approved and a visa number is available. While the state court case and I-360 are pending, we ask the immigration judge for a continuance or administrative closure, or ask DHS counsel to agree to dismissal. For a young person who already has a removal order, SIJ eligibility can support a motion to reopen the removal case so the adjustment application can be heard.

A Worked Example

Consider a 17-year-old who arrived in Miami in January and is living with his maternal aunt. His father left the family when he was six and has had no contact since. His mother died two years ago. He turns 18 on September 20.

1. February: The aunt retains us. We gather the boy's birth certificate, his mother's death certificate, school records, and a declaration describing the father's abandonment. We file a verified petition for temporary custody under Chapter 751 in the Eleventh Judicial Circuit Family Division, with a separate motion for SIJ findings and a proposed order.
2. March through May: Because the father's location is unknown, we serve him by publication under Florida's constructive service rules. The court sets an evidentiary hearing.
3. June: At the hearing, the aunt and the boy testify. The court grants temporary custody to the aunt under § 751.05, finds the father abandoned the child within the meaning of § 39.01, finds reunification with the father is not viable, and finds return to his home country is not in his best interest because he has no surviving parent or caregiver there. The order is entered on June 18, three months before his 18th birthday.
4. June 25: We file Form I-360 with USCIS with the certified order and supporting evidence.
5. By late December: USCIS approves the I-360 within the 180-day period. We check the Visa Bulletin for his country of nationality and file Form I-485 when the category is current.

Had the family waited until August to seek help, the Florida case likely would not have been heard before his birthday, and the SIJ option would have been lost.

Documents to Gather Now

• The child's birth certificate and any passport or national identity document.
• Death certificates, if a parent is deceased.
• Any police reports, medical records, or child protective records relating to the abuse or neglect.
• Evidence of the absent parent's abandonment: lack of contact, lack of financial support, unknown whereabouts.
• School enrollment records and proof of the child's residence in Miami-Dade County.
• Any Notice to Appear, hearing notices, or removal orders.

Our attorneys and staff work with clients in Spanish and English. Families who prefer to read about our services in Spanish can visit our page for an abogado de inmigración en Florida.

You can contact the Law Offices of Albert Goodwin by phone at 786-522-1411 or by email at [email protected].