Juvenile Immigration Lawyer in Philadelphia, PA

Attorney Devin E. Grogan of Henry & Grogan has built a focused practice representing juveniles in state court custody and guardianship proceedings to pursue Special Immigrant Juvenile Status in Philadelphia. Devin handles both phases: the Family Court of Philadelphia predicate order and the federal USCIS petition that follows. That dual focus significantly distinguishes her and our team's representation from generic immigration filing services.

Free initial consultations are available, allowing you to learn about our offerings and your legal options at no cost. Beyond juvenile cases, we also represent clients in family immigration, immigration appeals, green card applications, employment-based immigration, and more.

If you’re evaluating whether a child in your care may qualify for Special Immigrant Juvenile Status in Philadelphia, call us at (215) 568-1500 for a free consultation.

What Is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status (SIJS) is a federal immigration classification that may create a pathway to lawful permanent residency for minors under 21 who have been abused, neglected, or abandoned by one or both parents. It’s one of the more accessible immigration pathways available to undocumented children because SIJS can be approved even if the child entered the U.S. without inspection or worked without authorization. Several other grounds of inadmissibility that would ordinarily block a green card application may also be waived for SIJS recipients.

How Is It Distinct?

What makes SIJS procedurally distinct is its two-court structure. The process begins in the state's family courts, not at USCIS. In Philadelphia, that means filing a custody or guardianship petition in the Family Court of Philadelphia, part of the Court of Common Pleas. 

The court issues a special findings order, also called a predicate order, making three determinations: 

• The child is dependent on the court or placed in the custody of an individual or state agency
• Reunification with one or both parents isn’t viable due to abuse, neglect, or abandonment
• Return to the child’s home country isn’t in the child’s best interest

Only after that order exists does the federal process begin. USCIS then makes its own independent determination on SIJS classification through Form I-360.

Timing matters more than most families realize. Under Pennsylvania law, the predicate order from the state court must generally be obtained before the child turns 18 (verify the current statute before acting on this deadline), while the federal I-360 petition must be filed before age 21. Missing either deadline can eliminate eligibility entirely. 

How to Know if a Child Qualifies for SIJS

SIJS eligibility depends on a specific set of federal and state requirements. 

A child must be: 

• Under 21 at the time the Form I-360 petition is filed with USCIS
• Unmarried at the time of filing and at the time USCIS adjudicates the petition (a prior marriage that has been legally terminated through divorce, annulment, or death doesn’t disqualify an applicant, but a petitioner who remains legally married, including one who is only separated, is ineligible)
• Physically present in the U.S. 

Children of any nationality may apply if they meet the criteria above. 

The state court piece requires that a juvenile court have or obtain jurisdiction over the child. The most common route in Philadelphia is a guardianship proceeding, but custody arrangements, foster care permanency hearings, and certain adoption proceedings can also establish the necessary jurisdiction. Once a court has jurisdiction, it must be willing to make the three SIJS findings described above.

Two points that often surprise families: the child doesn’t need to have entered the U.S. lawfully to qualify, and the harm doesn’t need to involve both parents. SIJS requires a finding that reunification with one or both parents isn’t viable, meaning a child harmed by a single parent while the other parent is absent or unknown can still meet the standard.

The Three-Phase Process from Philadelphia Family Court to Green Card

Understanding how the phases connect helps families plan realistically and avoid gaps that derail an otherwise strong case.

• Phase 1: State Court Predicate Order. We file a custody or guardianship petition in Philadelphia Family Court and gather the documentation needed to support the three required SIJS findings. Court schedules and the complexity of the family situation affect how long this phase takes, but several months is a reasonable baseline expectation.
• Phase 2: USCIS Form I-360 Petition. With the predicate order in hand, we file Form I-360 along with the child’s birth certificate, identity documents, and evidence supporting the abuse, neglect, or abandonment finding. Devin has personally attended hundreds of USCIS interviews on behalf of clients, and that firsthand familiarity with how USCIS officers approach these cases directly shapes how we prepare families for what to expect.
• Phase 3: Green Card via Form I-485. Once the I-360 is approved and a visa number becomes available under the EB-4 immigrant visa category, the child can file Form I-485 to adjust status to lawful permanent resident. In some cases, the I-360 and I-485 can be filed at the same time. The full process, from initiating the state court proceeding through green card approval, typically ranges from one to three years, depending on court scheduling, USCIS processing volume, and visa number availability.

One important policy development: USCIS has rescinded its prior policy of automatically granting deferred action to approved SIJS recipients waiting for a visa number to become available. The policy had originally been eliminated, then reinstated by a federal court order, and formally re-terminated by USCIS Policy Memorandum PM-602-0198. 

Under current policy, deferred action may still be requested separately but is no longer automatic. This shift makes experienced legal guidance more important at every stage, particularly for children in removal proceedings where timing intersects with SIJS approval. When applications stall or face erroneous denials, we can take decisive action in a federal court. 

SIJS vs. Asylum: Choosing the Right Path

Asylum and SIJS both offer protection for vulnerable children, but they operate on entirely different legal foundations. Asylum requires demonstrating a well-founded fear of persecution in the home country based on race, religion, nationality, political opinion, or membership in a particular social group. SIJS focuses on parental harm, specifically abuse, neglect, or abandonment, and it works through a state court rather than solely through immigration proceedings. A child doesn’t need to show any fear of country-level persecution to qualify for SIJS.

Some children’s circumstances support both pathways, and an attorney should evaluate the facts before committing to one route. We handle both SIJS and asylum cases and can assess which path is appropriate given the specific evidence available.

Take the First Step Before a Deadline Closes the Door

SIJS cases carry firm age deadlines at the state court and USCIS levels, and the recent changes to deferred action policy have added further complexity for families navigating the process alone. The earlier a qualified attorney reviews a child’s situation, the more options may remain available.

Henry & Grogan offers free consultations for families and caregivers wanting to secure SIJS for children in Philadelphia and beyond. Call (215) 568-1500 today to speak with our team about your child’s case.

Not sure where to start? Your first conversation with us costs nothing.

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