How to get the California court order a child needs for SIJS

We know this step can feel heavy. You may have to put painful things about a parent in writing. The court is not there to judge your child. It is there to say, in writing, what your child already lived through, so they can be safe. Many families get through this, one form at a time.

This page covers the state court step only. It is general information, not legal advice. For who qualifies, see What is SIJS and can my child qualify? For the green card step, see When a young person with SIJS can apply for a green card.

Why does a state court have to be involved?

Immigration is federal, but federal agencies do not decide custody or abuse cases. State courts do. So the law asks a state court to look at the child's situation first (California Courts, SIJ guide). Without the court's signed findings order, USCIS will not approve SIJS.

The court does not give immigration status. It only decides facts about custody, the parents and the child's best interest. USCIS decides the immigration case (8 USC 1101(a)(27)(J)).

What does the judge have to find?

California law says that when someone asks for SIJS findings and there is evidence to support them, the court shall issue the order (CCP 155(b)(1)). The order must include three findings, each tied to California law:

1. Custody or dependency. The child was declared a dependent of the court, or placed in the custody of a state agency or a person or entity the court appointed. The order gives the date and the reason.
2. Reunification with one or both parents is not viable because of abuse, neglect, abandonment or a similar basis under California law. The order gives the date and the facts.
3. Returning to the home country is not in the child's best interest (the child's or parent's country of nationality or last habitual residence). The order gives the facts.

Good news for families: the evidence can be just a declaration from the child (CCP 155(b)(1)). The court may not consider or mention the child's "motivation" for seeking SIJS (CCP 155(b)(2)).

Which court fits my child?

All three divisions of the superior court can make SIJS findings: juvenile, probate and family (CCP 155(a)(1)). If there is already a case open, you can usually ask for the findings in that case. If not, someone has to start one (SIJ orders guide).

Sources: California Courts, SIJ orders and Probate Code 1510.1.

Which county? Usually the county where the child lives, but sometimes another county is better. A lawyer can help you choose (SIJ orders guide).

How does a family court case work?

This is the most common route when a child lives with one safe parent.

1. Open or use a custody case. For example, a parentage case or a request for custody orders. A domestic violence restraining order case can also include custody orders.
2. File FL-356 (Confidential Request for SIJ Findings) with a declaration from the child and any other evidence: school records, police or medical reports, letters from people who know the family.
3. Serve the other parties. The other parent can answer on FL-358.
4. Fill out FL-357 (the findings order) for the judge to sign. The clerk may help; ask.
5. Go to the hearing. Bring your papers and an interpreter request if you need one.

How does a probate guardianship work?

When a parent is not caring for the child and another adult is, that adult can ask to be named guardian. The guardianship gives the custody finding SIJS needs.

1. File the guardianship petition with the probate court, plus GC-220, the Petition for SIJ Findings.
2. Fill out GC-224 (the findings order) for the judge to sign.
3. Keep the guardianship in place until USCIS decides. USCIS expects the court order to stay in effect through the decision, unless it ended because of age, adoption or permanent guardianship (8 CFR 204.11(c)(3)(ii)).

A child 12 or older can start a guardianship case themselves, the court guide says.

What if my child is 18, 19 or 20?

California lets the probate court name a guardian for an unmarried young person who is 18, 19 or 20, with their consent, so the court can make SIJS findings. A parent can even be named guardian of their own adult child for this purpose. An existing guardianship can also be extended up to age 21 (Probate Code 1510.1).

The guardian cannot make the young person's choices about medical care, school or where they live without the young person's express consent (Probate Code 1510.1(c)).

Time is short at this age. Full details: Can I still get SIJS at 18, 19 or 20?

Is my child's information kept private?

California protects it. In SIJS proceedings, the child's immigration status information stays confidential, open only to the court, the child, the parties, their lawyers and the guardian (CCP 155(c)). Records can be sealed under California Rules of Court 2.550 and 2.551 (CCP 155(d)). The family law request form is itself titled "Confidential."

What if the court already made findings earlier?

The court can make SIJS findings at any point in a case, for a child up to 21, in any division. It can also make them nunc pro tunc, meaning "as of" an earlier date, if they could have been made then. No proof of a clerical error is needed (CCP 155(a)(2)).

If you have an old custody or guardianship order, bring it to a lawyer. You may only need the judge to write the findings on the SIJ form.

What happens after the judge signs?

1. Get a certified copy of the signed findings order. Ask for fast processing: if you give the court a proposed order and request it, the court must give you a certified copy within 3 court days (CCP 155(b)(3)).
2. Your lawyer files Form I-360 with USCIS, with the order, before the 21st birthday.
3. The regular $515 I-360 fee does not apply to SIJS, but a separate $250 fee from the 2025 federal law H.R. 1 does. USCIS treats it as not waivable (8 CFR 106.2; 91 FR 62540).
4. USCIS generally decides within 180 days after it has all required evidence (8 CFR 204.11(g)).

USCIS also checks that the court case was really about protecting the child, not only about immigration (8 CFR 204.11(b)(5)). A clear record of the harm helps.

Mistakes to avoid

• Waiting until 20. Court cases take months. Start as early as you can.
• Filing alone with a notario. Only lawyers and DOJ accredited representatives can give immigration advice (EOIR). See Warning signs of an immigration scam.
• Ending the guardianship too soon. Keep the case open until USCIS decides, unless your lawyer says otherwise.
• Leaving out the dates. The order must give the date of custody and the date reunification was found not viable.
• Losing the certified copy. Keep the original safe and give copies to your lawyer.

Who can help?

These programs are free or low cost. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Lists SIJS among its services, for low income residents of San Mateo and Santa Clara counties (CLSEPA services).
• Legal Aid Society of San Mateo County, LIBRE: 650-517-8936. Limited immigration help, including SIJS for teen parents and other vulnerable immigrants (LIBRE).
• Bay Area Legal Aid: advice line 1-800-551-5554, all languages (BayLegal immigration).
• Came to the U.S. alone as a child (statewide)? California funds free legal help, including SIJS, for unaccompanied minors, even those living with a sponsor (CDSS).
• Court self help centers in every county can explain forms, but not give immigration advice. The California Courts SIJ guide has a chat button.
• More options: Free or low cost immigration legal help in the Bay Area.

Questions people ask

Does the abusive parent have to agree? No. The court decides on the evidence. The other parent is usually notified and can respond.

Do we have to end the parent's rights? No. Federal rules do not require ending parental rights (8 CFR 204.11(c)(1)(ii)).

Can the child's own statement be enough? It can. California says the evidence may consist only of the child's declaration (CCP 155(b)(1)). More evidence still helps.

My child is in immigration court. Can we still do this? Yes. The state court step is separate. Tell your immigration lawyer right away, and never miss an immigration hearing.

Will the parent who hurt my child get papers through this? No. A parent never gets any immigration benefit through the child's SIJS (8 CFR 204.11(i)).

Can I get a fee waiver for court? Yes, if you get public benefits like Medi-Cal or CalFresh, have low household income, or cannot pay for basic needs and court fees. The form is FW-001. Guardianship cases use different instructions, so ask the clerk or self help center (California Courts, Fee waivers).

Is there a checklist I can print?

A signed order is not the end, but it opens the door. Keep going. Your child is worth every step.