Is your family facing any of these?
A parent abroad has neglected or harmed the child
One or both parents have not supported or contacted the child for years, or were abusive or neglectful, and the child now lives with a relative or the other parent in the U.S.
The child is 18, 19 or 20
Many families assume it is too late after 18. In California, an unmarried 18- to 20-year-old who consents can still have a guardian appointed and findings made in probate court.
You care for the child without legal guardianship
The child lives with grandparents, an aunt or uncle, or an older sibling. School and medical offices ask for guardianship papers, and immigration status is unresolved.
The child has an immigration court case
The child received a Notice to Appear or has hearings scheduled, and the state court findings, the I-360 and the court case need to be coordinated.
The I-360 is filed or approved and you are waiting
You are worried about how the 2026 deferred action changes affect the child's work permit and safety while waiting for a visa number.
What we handle
Eligibility assessment
We look at age, marital status, the parents' situation, time in the U.S. and any immigration court case to decide whether SIJS fits and whether there is enough time.
California court proceedings
Depending on the facts, a probate guardianship (GC-210, GC-220), a family court custody case (FL-356) or a juvenile court case (JV-356), with the goal of a signed SIJ findings order (FL-357/GC-224/JV-357).
Declaration and evidence
We help the young person tell their story once, clearly, and prepare Chinese and English declarations, school and medical records and witness statements.
I-360 filing
Once the court order is signed, we file the I-360 promptly, with close attention to the before-21 deadline.
Planning for the wait
We assess status risk while waiting for a visa number, whether deferred action and a work permit can be requested, and track policy changes.
Green card and interview
When a visa number is available we file the I-485 and related work and travel applications, and attend any interview with the young person.
Coordination with immigration court
If the child is in removal proceedings, we handle the court case alongside the state court and USCIS steps so the dates do not collide.
Rules to know before you apply
Based on the current USCIS Policy Manual, federal regulations and California law. Policy has shifted often since 2025, so we recheck before filing.
- Four basic requirements：Under 21 when the I-360 is filed; unmarried at filing and at decision; physically in the U.S. at filing and at decision; and a valid state juvenile court order. If the child was under 21 on the filing date, USCIS cannot deny solely because the child is older than 21 later.
- The court order needs three findings：The child is dependent on the court or placed in the custody of an agency or person; reunification with one or both parents is not viable due to abuse, neglect, abandonment or a similar basis under state law; and returning to the home country is not in the child's best interest. USCIS also checks that a primary reason for seeking the order was protection from parental maltreatment, so the order should state its factual basis.
- Three California courts can make findings：Under Code of Civil Procedure §155, the juvenile, probate and family divisions can all make SIJ findings; the evidence may be the child's declaration alone, and the child's motive for seeking status is not admissible. Probate Code §1510.1 allows a guardian for an unmarried 18- to 20-year-old with their consent, lasting no later than age 21.
- No I-360 fee; 180-day decision requirement：There is no filing fee for an SIJ I-360, and SIJ-related I-485, I-765 and I-131 filings are currently fee-exempt as well. By law USCIS must decide within 180 days of proper filing, though an evidence request can make it take longer.
- The green card requires a visa number：SIJ is in the fourth employment-based preference (EB-4). The I-360 filing date is the priority date, and the I-485 can be filed only when a visa number is available. EB-4 is backlogged for all countries; the September 2026 Visa Bulletin showed final action dates around the end of 2022, so check the bulletin monthly. At the green card stage, public charge, entry without inspection and unlawful presence do not apply to SIJ applicants.
- Deferred action has changed：USCIS rescinded the 2022 SIJ deferred action policy in June 2025, and a federal court in the Eastern District of New York stayed that rescission in November 2025. On April 10, 2026 USCIS ended it again for I-360s filed on or after May 10, 2026, which no longer receive automatic deferred action consideration. Earlier I-360s, and renewal requests filed before May 10, 2026, are handled under the 2022 policy, and existing grants and work permits generally last until they expire. Litigation continues and the policy may change again.
- Parents can never benefit through the child：A person who gets a green card through SIJ can never petition for a natural or prior adoptive parent, even after becoming a citizen. Parents should understand this before starting.
How the case runs
Initial call
A parent or caregiver tells us the child's age, the parents' situation, date of entry and any immigration court case. If the child is close to 21, we start with the timeline.
Prepare the court filing
We choose the court route, prepare the petition, the child's declaration and evidence, and give the required notice to the parents.
Hearing and findings order
We appear with you and ask the judge for the guardianship or custody order and the SIJ findings.
File the I-360
We file the I-360 after the order is signed and follow it through; USCIS generally does not require an interview when the record is sufficient.
Wait, then file for the green card
During the wait we assess status and work authorization; when a visa number is available we file the I-485 and prepare for the interview.
Fees
Free initial phone call
Tell us about the child's situation and we will tell you whether SIJS is worth a closer look.
Paid attorney consultation
When you need an attorney to review documents and lay out a plan, we schedule a paid consultation and tell you the fee in advance.
Quote after assessment
Attorney fees for the court stage, the I-360 and the green card stage are quoted after assessment and itemized in the engagement agreement.
- Government and court fees are not included in attorney fees; the SIJ I-360 currently has no filing fee, and other forms follow the rules in effect at filing.
- During the engagement, we respond to questions about your case within 1 business day.
- We do not guarantee any court or USCIS outcome.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
