Can a Child Get a Green Card Through SIJS in Connecticut?
Everything You Need to Know About the Probate Court Process
What is Special Immigrant Juvenile Status (SIJS)?
Special Immigrant Juvenile Status (SIJS) is an immigration benefit for certain undocumented children in the U.S. who have been abused, abandoned, or neglected by one or both parents. SIJS can provide a path to lawful permanent residence (a green card) without the child having to leave the country.
Why SIJS Exists: Congress created SIJS to protect vulnerable children who cannot safely reunite with one or both parents. The law recognizes that state courts — not immigration — are best equipped to decide a child’s best interests and custody arrangements.
Who Qualifies for SIJS in Connecticut?
To be eligible for SIJS, a child must:
Be under 21 years old at the time of filing the SIJS petition with USCIS.
Be unmarried.
Be declared dependent on a state juvenile court (in Connecticut, this can include the Probate Court) or placed in the custody of a state agency, guardian, or individual.
Have a court finding that they cannot be reunified with one or both parents due to abuse, neglect, abandonment, or a similar reason under state law.
Have a court finding that returning to their country of nationality is not in their best interest.
The Role of the Probate Court in Connecticut SIJS Cases
In Connecticut, many SIJS cases are handled in the Probate Court, which has jurisdiction over guardianship matters.
Key Points About the Probate Court’s Role:
The Probate Court does not grant SIJS itself — it issues the factual findings required by federal immigration law.
These findings are made during a guardianship proceeding or termination of parental rights case.
The court must explicitly state:
The child is dependent on the court.
The child cannot be reunited with one or both parents due to abuse, neglect, or abandonment.
It is not in the child’s best interest to return to their home country.
Once the Probate Court issues these findings, your attorney can use them to file the SIJS petition (Form I-360) with USCIS.
Why Timing Matters in Connecticut
Connecticut Probate Courts can only make SIJS findings before the child turns 21.
This means if the child is 20 years old, the case must be filed and completed before their 21st birthday to preserve eligibility.
USCIS allows SIJS petitions to be filed until the child is 21 — so timing between the state court process and the immigration filing must be carefully coordinated.
Benefits of SIJS
Protection from deportation once the SIJS petition is approved.
A pathway to a green card without leaving the U.S.
Eligibility to apply for employment authorization once eligible to adjust status.
Potential eligibility for certain state benefits depending on residency rules.
Important: SIJS recipients cannot petition for their parents — even the non-abusive parent — in the future.
Current Policy Updates in 2025
⚠️ Policy Update Alert:
Under the current administration, there is talk of increasing scrutiny of SIJS petitions, especially regarding whether the state court truly had jurisdiction over the child. This means court orders must be detailed and specific, and evidence of abuse, neglect, or abandonment must be strong. Poorly prepared cases are more likely to receive Requests for Evidence (RFEs) or denials.
Why Legal Representation is Critical
SIJS cases require two separate but connected legal processes — one in state court and one with USCIS. Mistakes in either can result in denial. At J. Molina Immigration Law LLC, we:
Prepare the probate court case with the specific SIJS requirements in mind.
Ensure the court order contains the exact language USCIS requires.
File the SIJS petition and guide you through the green card process.
📞 Take the First Step Today
If you believe your child may qualify for SIJS, timing is everything.
Call J. Molina Immigration Law LLC at 860-474-3705 today to schedule a consultation. We will review your situation, explain the process step-by-step, and protect your child’s future in the United States.