The Special Immigrant Juvenile visa, known as SIJ, can be a path to permanent residence for minors and young people in Florida who suffered abuse, abandonment, or neglect by one or both parents. The process does not begin at USCIS: first an order from a state court with specific findings is needed. In general terms, the applicant must be unmarried and under 21 when filing the federal application. An attorney explains how to coordinate the state part with the immigration part and what the risks of each stage are.
- SIJ stands for Special Immigrant Juvenile and protects minors who cannot reunify with one or both parents.
- First an order from a state court is obtained; then the application is filed with USCIS.
- In general, the applicant must be unmarried and under 21 at the time of filing.
- Information about a minor must be handled with great care.
Introduction
If a child or young person living in Florida suffered abuse, abandonment, or neglect by one or both parents, the Special Immigrant Juvenile visa, known as SIJ, can be a path to permanent residence. This guide is aimed at families, guardians, and young people in Florida, and it explains what the SIJ classification is, what the state court order must say, how the application is filed with USCIS, and when it makes sense to seek legal help. If you would like to speak with us, call 1-844-YO-PELEO or contact us.
An immigration attorney who handles juvenile visa cases explains whether the case fits, how the state part is coordinated with the immigration part, and what risks each stage has. We serve families across Florida by phone, by video, and in person at our Orlando office, in Spanish and English.
This article is general information and does not constitute legal advice. The requirements, especially those that depend on state law and the young person's age, change and must be reviewed with an attorney. Every situation is different, and the information shared about a minor must be handled with great care.
What the SIJ juvenile visa is
SIJ stands for Special Immigrant Juvenile. It is an immigration classification created for minors and young people who cannot safely reunify with one or both parents and who should not be returned to their home country. Unlike other processes, it does not begin with USCIS: first an order from a state court with specific findings must be obtained.
The law requires, in general terms, that the applicant be unmarried, be under 21 when the federal application is filed, and that a court have determined that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar ground under state law. It must also be established that it is not in the minor's best interest to return to their country or their parents' country. The exact details, such as the age that the state court accepts, depend on the state and must be reviewed with an attorney.
It is important to understand that the SIJ classification is not a visa that is obtained immediately. It is a petition that, if approved, allows the young person to apply for permanent residence when a visa number is available. That is why it is useful to talk with an attorney as soon as possible: time can be a factor, and some decisions, such as the content of the state order, are hard to correct later.
The general steps of the process in Florida
The process combines a proceeding before a state court and another before a federal agency. In general terms, the steps are these:
- State court order. A juvenile or family court issues the required findings. That order does not by itself grant immigration status.
- Petition with USCIS. With the order in hand, Form I-360, the Special Immigrant Juvenile petition, is filed, together with evidence of identity, age, and the court findings.
- USCIS review and decision. The agency evaluates whether the petition meets the requirements and may ask for additional evidence.
- Adjustment of status. If a visa number is available in the corresponding category, the young person can apply for permanent residence in a separate filing. If not, there may be a wait.
- Permits and protection in the meantime. Depending on the stage of the case, other applications, such as a work permit, and the young person's situation if they have a case in immigration court may be evaluated.
Each stage has different risks. An error in the wording of the state order, for example, can create problems later, which is why attorneys usually review the draft of the order before it is submitted to the judge.
When to hire an SIJ visa attorney
Many families wait until the young person is about to turn 18 or 21, and that can reduce the options. It is wise to talk with an attorney as soon as you suspect the minor might qualify, especially if:
- The minor lives with an uncle, a grandparent, an older sibling, or another adult who is not their parent.
- The parents abandoned the minor or are absent, or cannot be located.
- The minor was mistreated or neglected, even if a report was never filed.
- The minor received a summons to an immigration court or a notice to appear.
- The young person is approaching an age limit and has not started any process.
For guardians or relatives who care for a minor, it is also useful to know that the state proceeding may be related to a guardianship, a dependency, or a custody case. The type of proceeding and who can file it depend on Florida law, which is why coordination between the attorney and the court is so important.
What to ask when choosing an attorney
Families looking for an attorney for a juvenile visa sometimes receive offers that promise residence in a short time. That kind of promise is not possible and does not comply with The Florida Bar's advertising rules. It is more useful to ask:
- Who prepares the state part and who prepares the immigration part, and how are they coordinated?
- What evidence will I need from the minor, and how is their personal information protected?
- What happens if the minor has a proceeding in immigration court?
- What happens if no visa is available when the petition is approved?
If you need an attorney for a juvenile visa, look for someone who speaks to you simply and who treats the minor with respect. It is normal for young people to need time to tell what happened, and the attorney must adapt to that pace. Also verify that the person has a current license in The Florida Bar's directory and be wary of anyone who asks for money without a written contract.
Document checklist for an SIJ consultation
- The minor's passport or birth certificate, even if it is in another country.
- Any immigration document, USCIS notice, or notice from an immigration court.
- School or medical documents showing where and with whom the minor lives.
- Any order, summons, or file from a court in the United States, including child welfare records.
- Information about who currently cares for the minor and since when.
- Any document showing the abandonment, abuse, or neglect, such as reports, records, or letters.
- Contact information of adults who know the young person's situation, such as teachers or relatives.
You do not need to have everything for the first appointment, but these documents help make the consultation useful. What you share is confidential, and information about abuse or neglect is handled with care.
Timelines and what to expect from the process
How long an SIJ case takes depends on both the state court and USCIS, and both change often. USCIS publishes current processing times on its official site, and the time a state court takes varies by county, the judge's calendar, and the complexity of the case. That is why we do not give figures: any promise of speed should be taken with caution.
Another reason to act soon is age. If the young person is approaching an age limit, the attorney can evaluate what should be filed first and how urgently. The table summarizes the stages and who acts in each one.
| Stage | What happens | Who acts |
|---|
| Consultation and review of facts | It is evaluated whether the minor might qualify and what evidence exists | The family and the attorney |
| State court case | The findings on abuse, abandonment, or neglect and the minor's best interest are requested | The attorney and the state judge |
| Form I-360 petition with USCIS | The order is filed with evidence of identity and age | The attorney and USCIS |
| Waiting for an available visa | There may be a wait depending on the category and country | Department of State and USCIS |
| Adjustment of status | The young person applies for permanent residence when applicable | The young person, the attorney, and USCIS |
| Final decision | USCIS approves or denies residence | USCIS |
What happens if the minor already has a removal case
Some young people receive the notice to appear before an immigration court before they can file the SIJ petition. This does not necessarily mean the option has disappeared. An attorney can explain how the proceeding in immigration court and the petition with USCIS are coordinated, which dates are urgent, and what must be done first.
What matters is not to ignore any summons and to notify the attorney immediately when one arrives. Missing a hearing can have serious consequences, including a removal order issued in absentia. If the minor has a case in court, see our page on deportation defense.
How the state part is coordinated with the immigration part
One of the difficulties of these cases is that two different systems must fit together. The state court decides family and child welfare questions, while USCIS decides whether the requirements of federal law are met. For the petition with USCIS to succeed, the court order must contain the findings that federal law requires, clearly expressed. An order that speaks of custody but does not mention reunification or the minor's best interest may not be enough.
That is why it is usual for the immigration attorney to review the draft of the order, or to work together with the attorney handling the state case. It is also wise for the family to keep a copy of everything filed with the judge and of the hearing dates. If the state court sets a hearing, the family must prepare in advance, gather the documents, and, if necessary, identify witnesses or reports that support the facts.
Finally, remember that each county and each judge may have their own practices. An attorney familiar with the process in Florida can explain what to expect, although no one can ensure how a judge will decide. What can be done is to prepare the case carefully and present the facts in an orderly and complete way.
Protection of the minor and confidentiality
SIJ cases involve painful facts, and it is natural for the young person and their family to wonder who will see that information. Immigration applications based on abuse or neglect receive special confidentiality protections in certain respects, and an attorney should explain to you what is filed, with whom, and with what precautions. The young person's statement is prepared calmly, and the minor is not expected to tell everything in a single session.
If the minor is in immediate danger, call 911. An immigration process does not replace the protection that the police, child welfare agencies, and shelters can offer. It is also helpful for the young person to have a trusted adult who accompanies them during the process and helps them remember important dates and details.
Cost factors and fee breakdown
The cost of an SIJ case usually includes one proceeding before the state court and another before USCIS, and each has its own elements.
| Item | Amount | Notes |
|---|
| Attorney fees | Varies by case | Depend on the complexity and on whether there is a case in immigration court |
| State court costs | Varies by case | Depend on the type of proceeding and the county; check with the court |
| Form I-360 petition with USCIS | Check USCIS for the current fee | Check the current instructions to see whether any exception applies to your situation |
| Adjustment of status and work permit | Check USCIS for the current fee | Paid at a later stage, when applicable |
| Translations and document copies | Varies by case | Needed when documents are in another language |
Always ask for a written contract explaining what the service includes and what is left out, for example whether it covers the state part, the petition with USCIS, and the adjustment of status. Government fees are paid to the agency and are separate from the attorney's fees.
If cost concerns you, talk with the attorney from the first consultation. Some parts of the process can be organized in stages, and USCIS's current instructions explain whether any fee exemption option exists for certain people.
Common mistakes to avoid
- Waiting until the young person is about to reach an age limit before consulting an attorney.
- Believing that the state court order, by itself, grants immigration status.
- Filing a poorly worded state order or one without the findings that federal law requires.
- Ignoring a summons or a notice to appear before an immigration court.
- Paying an unlicensed notario or agent who promises residence in a short time.
- Sharing sensitive information about the minor without knowing to whom it is given or for what purpose.
- Not telling the attorney about a change of address or of the person who cares for the minor.
When to call an attorney
Talk with an immigration attorney as soon as you suspect a minor or young person might qualify, especially if they live with someone who is not their mother or father, if they were abandoned or mistreated, if they received a notice from an immigration court, or if they are approaching an age limit. The sooner the facts are reviewed, the more options there usually are. Call 1-844-YO-PELEO or get in touch with us to schedule a consultation. You can also learn about our special immigration programs.
About Vasquez Law Firm
Vasquez Law Firm practices only immigration law. Our only office is at 1111 E Amelia Street, in Orlando, and we serve families across Florida by phone and secure video call, with in-person meetings in Orlando. The founder is attorney William J. Vásquez. Consultations are unhurried, in Spanish or English, as the family prefers, because understanding the young person's whole story is part of the work. Call 1-844-YO-PELEO or schedule a consultation.
Sources and references
Related services: special immigration programs, immigration attorneys in Florida
Other ways to search for this help
People search for this help using different words. Related searches: attorneys for juvenile visa; immigration attorney juvenile visa.
This article is general information, not legal advice. Every case is different; talk with an immigration attorney about your situation.
