Can I still get SIJS if I am 18, 19 or 20?

If you just turned 18 and someone told you it is too late, we want you to hear this clearly: it may not be. California made a path for young people your age. Your job now is to move fast and get real legal help.

This page is about applying when you are 18, 19 or 20. It is general information, not legal advice. For the basics of who qualifies, see What is SIJS and can my child qualify?

Is it too late at 18?

No. Federal law lets you file for SIJS until you turn 21. You must be under 21 and unmarried when USCIS receives your Form I-360 (USCIS, SIJ green card page; 8 CFR 204.11(b)).

The hard part is the court order, which you need before you file. California has a path for SIJS after 18. Outside California, ask a lawyer whether your state's courts can make these findings after 18. A probate court can name a guardian for an unmarried 18, 19 or 20 year old who agrees to it, so the court can make the SIJS findings (Probate Code 1510.1(a)). California law also says SIJS findings can be made for a young person up to 21, in any division of the superior court (Code of Civil Procedure 155(a)(2)).

Do I still qualify?

You may, if all of this is true:

• You are under 21 and not married
• You are in the United States
• At least one parent abused, neglected or abandoned you, or something similar under California law, so you cannot live with that parent
• Going back to your home country is not in your best interest

These are the findings the court has to make (CCP 155(b)(1); 8 USC 1101(a)(27)(J)). You can qualify even if you live with your other parent. A lawyer will check the details.

How do I get a guardianship at 18 to 20?

1. Find an adult to be your guardian. It can be a relative, a family friend, or even your safe parent. California allows a parent to be named guardian of their own 18 to 20 year old for this purpose (Probate Code 1510.1(a)(1)).
2. File the petition. You, a parent, a relative or any other person can file it on your behalf (Probate Code 1510.1(a)(2)).
3. Give your consent. The court cannot do this without your agreement.
4. Ask for SIJS findings. File the Petition for Special Immigrant Juvenile Findings, form GC-220. The judge signs the findings on GC-224 (California Courts, SIJ orders).
5. Get a certified copy fast. If you give the court a proposed order and ask for fast processing, the court must give you a certified copy within 3 court days (CCP 155(b)(3)).
6. File the I-360 with USCIS before your 21st birthday, with the order.

Will a guardian control my life?

No. You are an adult. The guardian cannot make choices about your medical care, school or where you live without your express consent (Probate Code 1510.1(c)). The guardianship exists so the court can protect you and make the findings. Your adult rights stay with you.

Can my guardianship be extended?

Yes. If you already had a guardianship before 18, the court can extend it past 18 at your request or with your consent, so you can finish your SIJS case. It can last until you turn 21 at the latest (Probate Code 1510.1(b)). You, a relative or another person can file for the extension.

Ask before the guardianship ends. It is easier to extend one than to start a new one.

What if I am in foster care or have a juvenile case?

If you are still in a juvenile dependency case (foster care) or a juvenile justice case, you have a free court appointed lawyer. Ask them right away to request SIJS findings in that case, on form JV-356 (California Courts, SIJ orders). Then tell them your 21st birthday.

What if I turn 21 while USCIS is deciding?

You are protected on age. If you filed the I-360 while you were under 21, USCIS cannot deny your case only because you are over 21 when it decides (USCIS Policy Manual, Vol. 6, Part J, Ch. 2). If the court's case ended because of your age after you filed, that does not hurt you either.

Two things can still hurt you:

• Getting married before USCIS decides. You must be unmarried at filing and at the decision (8 CFR 204.11(b)).
• Ending the guardianship on purpose before USCIS decides. The order should stay in effect unless it ends because of age, adoption or permanent guardianship (8 CFR 204.11(c)(3)(ii)).

How long does this take?

• Court: often weeks to months, depending on the county and the case. Start now.
• USCIS on the I-360: generally a decision within 180 days after it has all required evidence (8 CFR 204.11(g)). A request for more evidence can add time.
• Green card: a separate step, and the wait for a visa can be years. See When a young person with SIJS can apply for a green card.

What should I watch out for?

• Immigration court. If you have a court date, never miss it. Missing it can mean a removal order (8 USC 1229a(b)(5)). Tell your immigration lawyer about SIJS.
• Your parents. A green card through SIJS can never help either parent get papers, even the one who did not hurt you (8 CFR 204.11(i)).
• Fee. Plan for the $250 USCIS fee (91 FR 62540). A lawsuit, CHIRLA v. Mullin, challenges the no waiver rule; no ruling was found as of October 21, 2026 (case page).
• Scams. Only lawyers and DOJ accredited representatives can give immigration advice (EOIR). See Warning signs of an immigration scam.
• Other options. You may also qualify for asylum, a U visa or a T visa. Ask for a full screening. See The one year deadline to apply for asylum.

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. SIJS for low income residents of San Mateo and Santa Clara counties (CLSEPA services).
• Legal Aid Society of San Mateo County, LIBRE: 650-517-8936 (LIBRE).
• Bay Area Legal Aid: 1-800-551-5554, all languages (BayLegal).
• Came to the U.S. alone as a child (statewide)? California funds free legal help for unaccompanied minors, including SIJS (CDSS).
• Immigration Institute of the Bay Area: free first consultation by appointment, (650) 587-1558.
• More: Free or low cost immigration legal help in the Bay Area.

Questions people ask

I am 20 and a half. Is there any point? Maybe. Call today. Some cases move fast with a prepared lawyer and a certified copy request.

I live with my mom. My dad abandoned us. Can she be my guardian? California allows a parent to be named guardian of their own 18 to 20 year old for SIJS (Probate Code 1510.1(a)(1)). A lawyer will check if your facts fit.

I already turned 21. Is SIJS gone? If you did not file the I-360 before 21, you cannot get SIJS. Ask for a screening for other options.

I have a girlfriend or boyfriend. Can I get married? Wait. Marriage before USCIS decides ends SIJS eligibility. Talk to your lawyer first.

Can I work while I wait? That depends on where your case is. See When a young person with SIJS can apply for a green card, and working while waiting.

Is there a countdown I can print?

You were a child when this happened to you. The law still sees that. Make the call today.