Requirements for Guardians in SIJS Applications
In the United States, Special Immigrant Juvenile Status (SIJS) applications are intended for children who have been abandoned, neglected, or abused by one or both parents. In such cases, the child must be placed under the care of a legal guardian. There are certain qualifications and responsibilities required of individuals who are appointed as guardians. This article outlines the essential characteristics expected of a guardian in an SIJS case.
Who Can Be a Guardian?
A guardian does not have to be biologically related to the child. A family friend or any responsible adult who is acting in the best interest of the child may be appointed. Legal immigration status is not required—the guardian’s immigration situation does not affect the child’s SIJS eligibility. However, the guardian must be at least 18 years old.
What Are the Guardian’s Responsibilities?
The guardian is responsible for the physical and emotional well-being of the child. They have the authority to make decisions regarding the child’s healthcare, education, and daily life. A guardian can request medical treatment, enroll the child in school, and obtain necessary documents on the child’s behalf. While the guardian is not legally required to provide financial support, they are still responsible for ensuring the child is cared for and supported. The guardian is not required to live in the same household as the child, but must still be actively involved in the child’s welfare.
What Is Required During the Guardian Appointment Process?
The court or relevant agencies may request a 28-year residential history for the guardian candidate and any other individuals over age 18 living in the same household. They may also conduct a home visit to determine if the living environment is safe and appropriate for the child.
What Is the Role of the Court?
The court must determine that reunification with one or both parents is not possible and that placing the child with a guardian is in the child’s best interest. The child’s safety and overall well-being are the primary considerations when a guardian is appointed.
In SIJS applications, guardians must act in the child’s best interest, have no harmful history, and be capable of making important decisions on behalf of the child.
Disclaimer: The information in this post is for general informational purposes only and does not constitute legal advice. Every case is different—please contact us directly for a free consultation regarding your specific situation.
