SIJS Requirements: From the State Predicate Order to Federal Consent and Deferred Action

SIJS begins with a state-court order but does not end there. The most reliable file lets a reviewer move from state jurisdiction and child-welfare findings to the federal petition, consent analysis, and any later deferred-action decision.

SIJS requires state-court findings and federal consent under 8 U.S.C. § 1101(a)(27)(J). It follows the EB-4 framework, not the ICWC class definitions.

Show the state court’s authority

Identify the custody, guardianship, dependency, or comparable law that allowed the court to act. Preserve service and notice records as well as the final order.

Draft findings with factual support

The order should address reunification because of abuse, neglect, abandonment, or a similar state-law basis and explain why return to the child’s country is not in the child’s best interest. Tie conclusions to evidence rather than reciting federal phrases.

Protect age and marital-status eligibility

Calendar state-court jurisdiction limits and the federal filing deadline. Preserve birth records, translations, and proof that the petitioner remained unmarried when required.

Prepare the federal consent record

USCIS must determine that the SIJS request is bona fide and not sought primarily for immigration advantage. Organize the state pleadings, placement history, and requested relief to show the child-welfare purpose.

Track deferred action as a later event

Approval of Form I-360 and a grant of deferred action are not the same document. Record the policy in force, the notice actually issued, its dates, and any later termination process. ICWC does not supply an SIJS class theory.