Special Immigrant Juvenile Status Lawyer in North Carolina
A green card for children abandoned, abused or neglected by a parent. Needs a North Carolina court order first — we handle both halves. Call 1-844-967-3536.
One parent is enough — the child does not need to be alone
The most common reason eligible children never apply is a belief that SIJS is only for children with no parents at all. The law requires a finding that reunification is not viable with one or both parents. A child living safely here with their mother may qualify because their father abandoned them years ago in their home country — and the reverse is equally true.
Two Courts, in Order
SIJS is structured differently from every other immigration case, and understanding the sequence is most of understanding the process. Immigration authorities do not decide whether a child has been abandoned or what is in that child's best interests. A North Carolina state court does. Only after that court has made specific findings can the child file with USCIS.
That order cannot be reversed or skipped. A petition filed at USCIS without a valid predicate order fails. And because the state court's jurisdiction over a child generally ends at 18 in North Carolina while the federal filing deadline runs to 21, the state court half must be completed years before the immigration deadline expires. Families who wait until a child is nearly 21 usually find the first door has already closed.
This is also where firms without a family-law practice run into difficulty, because the two halves require different courts and different skills. We handle the North Carolina custody or juvenile proceeding and the federal petition together, which means the state-court order is drafted from the start with the federal findings it has to contain.
What the State Court Must Find
Dependency or Custody
That the child is dependent on the court, or has been placed in the custody of an individual or entity appointed by the court
Reunification Not Viable
With one or both parents, because of abuse, abandonment, neglect, or a similar basis under North Carolina law
Best Interests
That it would not be in the child's best interests to return to the country of nationality or last habitual residence
A Properly Drafted Order
Findings stated with enough specificity and factual support that USCIS can rely on them — the most common point of failure
What Families Should Know Before Starting
Two limits deserve stating plainly. First, a child who gets a green card through SIJS can never petition for either parent — including the parent who raised them well. That bar is permanent. Second, the process does not require criminal charges against anyone; the state court makes civil findings, and no parent gains any immigration benefit from the child's case.
Neither limit is a reason not to proceed. But a family should hear both at the first meeting rather than discover them later, particularly the parent bar, which occasionally changes what a family decides to do.
Two courts, in a fixed order
This is the part families find hardest, and it explains most of the confusion. The case has two halves in two different systems. First a state juvenile or family court must issue findings — it is the only body with authority to rule on custody, abuse, abandonment or neglect, and on what serves the child's best interests. Only then does USCIS, the federal agency, review those findings and decide the immigration petition.
The order cannot be reversed and the federal petition cannot substitute for the state order. What we do is the immigration half, and we tell you precisely what the state court needs to find so the order will support the petition — because an order that resolves custody perfectly well for family-law purposes can still be missing a finding USCIS requires, and that gap is discovered late and costs months.
Four beliefs that stop eligible children applying
“Both parents must have been at fault”
No. One is enough — a child living happily with their mother can qualify on the father's abandonment
“They entered without papers, so there is no hope”
SIJS does not require lawful entry, and was designed with unaccompanied children in mind
“There is a deportation case, so it is too late”
SIJS can be pursued as a defence within removal proceedings — but the hearing date drives urgency
“There must be a police report or a conviction”
Not required. The state court makes its own findings on the evidence before it
Getting the state court order
The state proceeding is a custody, guardianship or dependency matter, brought in the county where the child lives. Someone — a parent, a relative, a guardian, or in some circumstances an agency — asks the court to place custody and to make the findings the federal petition needs: that reunification with one or both parents is not viable because of abuse, abandonment or neglect, and that returning to the country of origin is not in the child's best interests.
A practical note on scope: the firm is not currently taking family-law matters, so we do not appear in the state juvenile proceeding itself. What we do is handle the immigration petition and set out exactly what the order must say, so that whoever appears in the state court — separate counsel, a legal-aid organisation, or a guardian acting with the court's assistance — knows what is required. Families find that clarity is the thing they were missing.
After approval: the wait for a visa number
Approval of the petition establishes the child's classification; it is not yet the green card. Residence requires a visa number to be available, and this category is subject to per-country limits. For children from countries with heavy demand that wait has run for years, while for others it is far shorter.
Two things matter during that period. Work authorisation is available at a certain stage and we tell you which. And the child's classification is protected against aging out once the petition is properly filed — which is precisely why filing before the 21st birthday, rather than waiting for the state case to feel finished, is the single most important scheduling decision in a SIJS matter. If a child is 19 or 20, treat it as urgent.
Related protections for young people and families: DACA, asylum, U-visa and VAWA. See also our immigration family companion guide.
Age Matters Most
- State court order: generally needed before 18
- I-360 petition: generally before 21
- If the child is 16 or 17: call now, not next year
SIJS at a Glance
- Form: I-360, after the state court order
- Parents: one or both — not necessarily both
- Criminal case: not required
- Leads to: a green card
- Permanent limit: can never petition for a parent
Free Consultation
Tell us the child's age and which parent is absent. That is enough for us to say whether SIJS is worth pursuing.
1-844-967-3536Mon-Fri: 8:30 AM - 5:30 PM
Sat: 9:00 AM - 2:00 PM
Se habla español
SIJS in North Carolina: Where These Cases Are Won or Lost
The federal petition is usually the easy half. Four things decide the outcome.
How the Predicate Order Is Drafted
This is the single most common failure point. A North Carolina custody order that resolves the family's dispute perfectly well may still be useless for SIJS if it does not state the required findings with enough specificity and factual support. An order reciting conclusions without facts invites a request for evidence or a denial. We draft the proposed order with the federal requirements in front of us, so the document does both jobs at once.
The Two Clocks Do Not Match
Federal law allows the petition up to 21. North Carolina's courts generally lose jurisdiction over a child at 18. That mismatch is the trap: a family that hears “before 21” and relaxes discovers at 19 that the state court can no longer help them. Treat 18 as the operative deadline, and start the state case with time to spare — custody and juvenile proceedings do not conclude quickly.
Abandonment Long Ago and Far Away
Many qualifying cases involve a parent who disappeared in the country of origin years before the child came here — no support, no contact, no involvement. Families rarely think of that as a legal matter; they think of it as ordinary sadness. It can be the basis of a SIJS finding. What helps is anything showing the absence: who has actually raised and supported the child, and the absence of any contact or support from the other parent.
A Child Already in Removal Proceedings
A child in immigration court can pursue SIJS at the same time, and the two proceedings have to be coordinated — continuances in the immigration case while the state court matter runs, and the right relief pleaded so nothing is waived. Unaccompanied minors have particular procedural protections that affect how and where their cases are heard. If a child has a hearing date, tell us that first: it sets the pace for everything else.
If a child in your family was abandoned, abused or neglected by a parent, call Vasquez Law Firm at 1-844-967-3536. Se habla español.