Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 

Special Immigrant Juvenile Status

Also known as SIJS

SIJS is the intersection of federal immigration law and state law.  It allows undocumented children who have entered the United States the ability to remain in the states if they meet certain criteria. The federal court has left it up to the state courts to determine if the criteria exists. 

Title 8 of the Code of Federal Regulations Section 204.11 (c) states that if an individual is under the age of 21, unmarried, declared by a juvenile court as a dependent, has been deemed to qualify for long-term foster care, continues to be dependent on the foster care, and a determination has been made that the child cannot return to his or her country of origin, he or she can qualify for special immigrant juvenile status.

Although the federal statute refers to determinations made by juvenile courts, juvenile court is defined broady and is any court in the state that is capable of making custody orders. A family court in the state of California can make custody orders and is qualified to find that a juvenile qualifies for special immigrant status. 

The court must find that the juvenile has been legally commited to the custody of an agency, the child's reunification with one or both parents is not viable due to abuse, neglect, or abandonment, and it is not in the best interest of the minor child to be returned to his or her country of habitation. 
  1. SIJS Visa Classification
    SIJS is a visa classification under federal immigration law which allows undocumented children to obtain permanent residence in the United States.
  2. Eligibiity for SIJS
    Eligibiity for SIJS
    A special immigrant juvenile is an unmarried person under the age of 21, present in the United States who has been declared a dependent of the juvenile court.
  3. Specific Findings Required
    Specific Findings Required
    A state court must make specific findings in order for a juvenile to qualify for special immigration status.