Helping Immigrant Children Stay Safe and Secure a Future in the U.S
If you’re caring for a child who has been abused, neglected, or abandoned by one or both parents, you’re not alone—and there may be a way to help that child stay in the United States safely and legally.
At Burgos Law, we help immigrant children apply for Special Immigrant Juvenile Status (SIJS)—a lifechanging benefit that can lead to a green card. Unlike many immigration firms, we also directly handle the dependency court actions here in Florida. That means we can take care of the entire SIJS process—from state court to USCIS—in one place. And for clients outside Florida, we partner with trusted attorneys in your state to make sure the process is handled smoothly from start to finish.
We’re here to guide you and your family through every step.
SIJS is designed to protect children under 21 and unmarried who can’t reunite with one or both parents due to abuse, neglect, or abandonment. It allows a qualifying child to apply for lawful permanent residence (a green card) and avoid deportation.
To qualify, the child must first receive a state court order—typically through a dependency, guardianship, or custody proceeding—that recognizes the need for protection and recommends they not return to their home country.
HOW THE PROCESS Works
We’re With You Every Step of the Way. Let’s protect the child in your care—and give them the opportunity for a brighter, safer future.
Step 1: State Court Finding
The SIJS process starts in state court, not immigration court. A judge must issue an order with three key findings:
- The child is dependent on the court or in the custody of an individual, agency, or state.
- Reunification with one or both parents is not viable due to abuse, neglect, or abandonment.
- Returning the child to their home country is not in their best interest.
👉 In Florida: Our firm directly handles the court process. We represent the child or their guardian in dependency or custody proceedings and obtain the necessary Special Findings Order.
👉 In other states: We work closely with a local family law attorney in your area and coordinate the case to make sure the order meets the requirements for SIJS. We’ll guide the process and make sure the immigration side is aligned with what happens in court.
Step 2: Filing for SIJS with USCIS
Once we have the court order, we file the SIJS petition with immigration. After the petition is approved and a visa becomes available, we help the child apply for their green card through adjustment of status.
We also help assess whether your child qualifies for a work permit or other benefits while waiting.
FAQs
Could Your Child Qualify?
A child may be eligible for SIJS if:
- They are under 21 and not married
- They are physically present in the U.S.
- They have experienced abuse, abandonment, or neglect by one or both parents
- A state court can issue the necessary findings
Even if your child is living with a safe parent or a relative now, they may still qualify. Every case is different, and we’ll help you understand what’s possible.
Will the abusive parent have to be notified?
In many cases, no. Courts have procedures that allow us to protect the child and limit contact with unsafe parents. We’ll talk through your options and choose the safest path forward.
Can SIJS lead to citizenship?
Yes. After receiving a green card through SIJS, your child may apply for U.S. citizenship after five years.
What if the child is almost 18 or 21?
Timing matters. Some states only allow the court order before age 18, while others allow it until 21. If your child is close to either age, don’t wait—contact us right away.