Boston Special Immigrant Juvenile Status Lawyer

Boston is home to large and established immigrant communities from Latin America, the Caribbean, and beyond, and many young people across the city’s neighborhoods may be eligible for a federal protection they have never heard of. Special Immigrant Juvenile Status is an immigration classification designed to help young people who have been harmed by one or both parents and who cannot safely go back to their home country. Congress created the program through the Immigration Act of 1990 and broadened it in 2008 to cover more young people in need.

SIJS opens a path to lawful permanent residence (a green card) even for young people who entered the country without documentation or who have no other immigration route available.

The process has two stages. First, a state court issues a Judgment of Dependency, a special court order that confirms the young person’s situation. Second, a petition is filed with USCIS (the federal agency that decides immigration applications) requesting SIJS classification. Because the case requires familiarity with both Massachusetts family law and federal immigration law, working with a special immigrant juvenile status attorney who handles both sides of the process can make a meaningful difference in how smoothly things move forward.

Young people in Boston and the wider Suffolk County area may qualify for SIJS depending on their age, marital status, and what happened at home. Under Massachusetts law, you may be eligible if the following describe your situation:

You are under 21 years old: Massachusetts follows the federal age limit, so young adults up to age 20 can still apply. This differs from certain neighboring states, such as New Hampshire, where the cutoff is 18.

You are unmarried: you must be unmarried at the time you file and when USCIS makes its decision on your case.

A parent caused harm or failed to care for you: this takes many forms. A parent may have left and never returned. A parent may have failed to provide adequate food, shelter, medical care, or supervision. A parent may have inflicted physical or emotional harm. Massachusetts law covers all of these circumstances.

Reunification with that parent is not a safe option: the court must determine that returning to live with the parent who caused the harm is neither safe nor realistic.

Returning to your home country is not in your best interest: the court must also find that going back would not serve your safety or well-being.

SIJS cannot be filed solely for the purpose of obtaining an immigration benefit. The court must determine that you genuinely need protection because of what happened in your family. A Boston special immigrant juvenile status lawyer can evaluate whether your circumstances meet these requirements during a consultation.

Boston residents pursuing SIJS go through two distinct stages, each handled by a different legal authority.

The state court stage: the process begins at the Suffolk Probate and Family Court, located at 24 New Chardon Street in downtown Boston. This is the court with jurisdiction over dependency cases for young people living in Suffolk County. A Complaint for Dependency is filed under Massachusetts General Laws Chapter 119, Section 39M, asking the court to make findings about abuse, neglect, or abandonment and to issue a Judgment of Dependency with special findings that support the federal petition.

One practical detail to keep in mind: if you move out of Suffolk County before the federal petition is approved, the court could lose jurisdiction over the case, potentially forcing you to restart the process in a new county. This is one reason to involve a Boston special immigrant juvenile status attorney early, before a change of address creates avoidable problems.

The parent named in the case must be formally served with court papers. Service generally must be completed within 90 days of filing and is typically handled by a sheriff or constable, who then files proof with the court. If the parent lives abroad, service is still possible. For families with a parent in Brazil, for example, international service can be completed through recognized legal channels, including the Inter-American Service Convention. Documents generally need to be translated into the parent’s language. A cooperative parent can accept service voluntarily by signing an acceptance before a notary. If a parent cannot be located despite a thorough search, the court can authorize alternative methods, including publication. A parent living in another country, or a parent who cannot be found, does not make SIJS impossible.

The federal stage: after the court issues the Judgment of Dependency, the next step is filing Form I-360 with USCIS. This petition must reach USCIS before the young person turns 21. That filing deadline is one of the most critical facts in the entire SIJS process, because missing it can permanently close the door to this protection. The petition is filed with supporting documents including the court paperwork, a birth certificate, a passport, and an affidavit. Having a special immigrant juvenile status attorney handle both the state court and federal stages means no detail gets lost in the transition between the two systems.

Young people in Boston who receive SIJS approval do not get a green card right away. When USCIS approves the I-360 petition, the approval notice establishes a priority date, which determines your place in line for a green card. SIJS falls under the EB-4 visa category, and the number of green cards available in this category each year is limited. You must wait until the Visa Bulletin, updated monthly by the government, shows that a visa number is available for your priority date before filing a green card application (Form I-485). Based on recent Visa Bulletin trends, the wait has stretched to several years for many SIJS recipients.

Until recently, USCIS automatically considered approved SIJS recipients for deferred action (temporary protection from removal) and eligibility for a work permit while they waited. That policy changed in May 2026. Petitions received before May 10, 2026 are still reviewed under the earlier policy, though USCIS can end a deferred action grant at its discretion and renewals now face the newer standard. For petitions filed on or after May 10, 2026, USCIS no longer automatically considers deferred action. An experienced SIJS attorney can explain how the current rules apply to your specific situation.

One important trade-off to understand before moving forward: if you receive a green card through SIJS, you will not be able to sponsor any parent for immigration benefits in the future, including a parent who was not involved in the abuse, neglect, or abandonment, and even after you become a U.S. citizen. This restriction applies to all natural and prior adoptive parents. This is something to discuss with an immigration attorney so you understand the full picture before proceeding. A special immigrant juvenile status lawyer can walk you through these implications during your consultation.

For families in the Boston area weighing their options, knowing the cost upfront is important. Brooks Law Firm uses a flat fee structure for immigration cases, paid over time. There are no hourly billing surprises and no hidden charges. You will know the timeline and what each stage costs before any legal work begins. If something changes, we tell you.

Government filing fees are separate and set by USCIS. These fees can change, so your attorney will confirm the current amounts when it is time to file.

Whether you are just learning about SIJS, supporting a young person who is nearing their 21st birthday, or navigating a case that involves a parent living overseas, Brooks Law Firm is ready to help. Our firm was built by people with immigrant backgrounds who understand what your family is going through. Our team speaks English, Spanish, and Portuguese, and we serve families across Boston, Chelsea, Revere, and Winthrop.

Your free consultation is the first step toward understanding exactly where you stand and what options are available. Call (617) 245-8090 to speak with a Boston special immigrant juvenile status attorney today.