New York SIJS Lawyer

This page answers the questions New York families ask most, including what the Family Court must find, how long it takes, and what happens while a child waits for a green card. For the basics that apply in both states, see our SIJS page for New Jersey and New York, also available in Spanish and French.

Why Hire Top-Rated Immigration Attorney Sharon Lieberman for a Child’s SIJS Case?

• Over 115 SIJS approvals in New York and New Jersey
• 20 years as an attorney, admitted in New York and New Jersey, practicing before USCIS and the immigration courts nationwide
• You work directly with the founding attorney on every filing
• A 5.0-star rating on Google
• Consultations and case work in English, Spanish, French, Russian and Hebrew

What is SIJS?

SIJS (Special Immigrant Juvenile Status) is a path to a green card for young people under 21 who cannot reunify with one or both parents because of abuse, neglect, abandonment or a similar reason including death under New York law. Congress created SIJS so a child in that position can stay in the United States and become a permanent resident.

To qualify, the young person must be under 21 and unmarried when the petition is filed, and must be living in the United States.

It involves two stages: a family court finding and a USCIS immigration finding.

Stage one happens in the New York Family Court for the county in which the child resides. A family court judge makes the findings SIJS requires and appoints the child a guardian or custodian.

Stage two: Once the family court issues an order, the child can request SIJS with the U.S. government.

Who can be a SIJS guardian?

In many cases, the guardian or custodian in SIJS custody is:

• A non-abusive parent
• A relative such as an aunt, uncle, sibling, or grandparent
• Another responsible adult

A New York SIJS lawyer can help determine who is eligible to seek custody and what type of court action, whether custody or guardianship, is most appropriate.

Do I need immigration papers to be the guardian?

No. The New York Family Court does not ask about your immigration status when you petition to be a child’s guardian, and the court does not share its records with immigration authorities. Family Court proceedings are confidential and the records stay sealed. Many of the guardians in our cases are aunts, grandmothers and older siblings who have no papers either.

Does guardianship take rights away from the parent back home?

It changes them, and you should understand how before you file. A guardianship order gives you the legal authority to make decisions for the child, including school, medical care and where the child lives. The parent in your home country remains the child’s parent.

Can a child still get SIJS after turning 18?

Yes. This is the biggest difference between New York and most other states. New York Family Court Act section 661 lets the Family Court appoint a guardian for a young person until age 21, as long as the young person consents.

As long as the petition is done correctly, New York will allow SIJS for a young person who is under 21.

There is a very important strict deadline however. The SIJS application must be filed before the child’s 21st birthday, or it is lost forever. So a 20-year-old can qualify, but be mindful that a Family Court case can take months, so it’s very important to not delay in filing for SIJS.

Can the young person get a work permit with SIJS?

As of May 2026, SIJS no longer offers automatic work permits or deferred action.

Before May 2026, a child with a USCIS approved SIJS petition could obtain a work permit and legally work. That is not true anymore due to a new policy.

This policy change also removed Deferred Action, which in plain terms was a promise from the U.S. government not to deport the child for a certain period. It was granted automatically until 2025. As of May 2026 it no longer exists, except in rare circumstances.

A young person who already has deferred action and a work permit keeps both until the expiration date on the approval, unless USCIS ends them early. For petitions filed on or after May 10, 2026, the child waits for a visa number without a work permit and without full protection from deportation.

Lawyers are currently suing the U.S. government over this decision, and so the rules may change at any time.

What benefits can the child get while waiting for USCIS?

SIJS in New York offers several important benefits to qualifying children, including:

• Some protection from removal (deportation), though less than before the May 2026 policy change, as explained in the new policy
• Eligibility to apply for lawful permanent residence
• Possible eligibility for Medicaid, Child Health Plus (CHPlus), the Family Planning Benefit Program (FPBP), the Essential Plan (EP), the Advance Premium Tax Credit (APTC), cost-sharing reductions (CSR) or Qualified Health Plans (QHP), both while the petition is pending and after approval*

* Eligibility for these programs depends on the young person’s age, income, household and county of residence, and on the date the SIJS petition was filed. New York changed its Medicaid and Essential Plan rules in 2026, and federal Medicaid rules change on October 1, 2026, so a program named here may no longer be available. Lieberman Law Group does not handle public benefit applications and does not guarantee eligibility for any of them. Before applying, confirm current eligibility with NY State of Health or a benefits counselor.

Which court hears the case?

The Family Court in the county where the child lives. Most New York SIJS cases start with a custody or guardianship petition, in which a trusted adult asks the court to be appointed the child’s guardian in order to care for a child who has been abused, neglected or abandoned by one or both parents. A child in foster care gets the findings through the case already before the court.

In the five boroughs of New York, the child’s case goes to the Family Court of Kings County, Queens County, New York County, or Bronx County. North of New York City, Rockland County, Orange County, Westchester and Albany County can all hear SIJS cases.

What does a New York SIJS lawyer ask the court to find?

Three things, because federal law requires each one before USCIS can approve the child’s petition.

First, the court must place the child in the guardianship or custody of an adult, or declare the child dependent on the court. The guardianship or custody order itself does this.

Second, the court must find that the child cannot reunify with one or both parents because of abuse, neglect, abandonment or a similar reason under New York law. One parent is enough. If the child lives with one parent and the other parent abandoned the family, or passed away, the child may qualify. Many New York cases look exactly like this.

Third, the court must find that sending the child back to the home country is not in the child’s best interest. The judge weighs safety, school, family support and living conditions in both countries.

How long does the Family Court take?

The Family Court stage usually takes several months from filing to the special findings order. In certain special circumstances, Attorney Sharon Lieberman can speed up the process by filing an emergency request, but it depends on each court and judge whether they will agree to hear the case on short notice. This is only for exceptional or unique cases.

Courts may sometimes require more than one appearance in court in order to decide on the child’s case so it’s important to help the attorney prepare as quickly as possible by providing all the necessary documents and information so the judge has a strong case to review.

Once the family court stage is over, the U.S. government stage is next. That happens with USCIS.

Does the child have to speak in court?

The child may have to speak to the judge, though the hearing is closed to the public and the records stay sealed afterward. If you or the child do not speak English, the court provides an interpreter at no cost. Attorney Sharon Lieberman prepares you both for the hearing, so you know what the judge will ask.

How long does USCIS take?

USCIS is supposed to decide a SIJS petition within 180 days. Federal law requires this, but USCIS often runs past that deadline. Sometimes it takes several months to get an approval.

What happens after USCIS approves SIJS?

If USCIS approves SIJS classification, that is very good news, but it does not yet grant a green card.

The child now enters a new waiting period, waiting for a visa number that will allow the child to apply for a green card.

Because SIJS falls under a special category with a yearly limit of visa numbers, the child will have to wait, most probably for several years before their visa number becomes available.

Again, this is why it’s important not to delay filing.

The wait for a visa number depends on the filing date and can change monthly with the State Department’s visa bulletin. It’s very important to have a qualified, licensed New York SIJS lawyer monitoring the calendar at this stage.

Once the calendar shows the filing date is current for the child, that means they may now apply for a green card. Even if the child is now older than 21, by filing with USCIS before their 21st birthday, they have saved their place in line. Turning 21 after filing does not end the case.

The child is already in immigration court. Can a New York SIJS lawyer still help?

Yes. The child can still pursue SIJS, even if they are in immigration court, which is also called “removal proceedings”. Many of our New York clients start SIJS while they are in removal proceedings. The Family Court case runs on its own track, because the state court does not need the immigration judge’s permission to decide guardianship or custody.

Once USCIS approves the petition, it can be presented in immigration court with a request to delay the removal proceedings, or close them altogether.

The immigration judge decides this request on a case by case basis. The attorney will ask the immigration judge for more time since the family court case is still moving.

Can a young person who already has a child get SIJS?

Yes. Having a child does not block SIJS. What matters is that the young person is unmarried and that the guardian supports both the young person and the baby. If that is your situation, book a consultation.

How much does it cost?

Filing a guardianship or custody petition in the New York Family Court is free. The court charges no fee. Attorney fees and the USCIS filing fee are separate, and Attorney Sharon Lieberman explains both clearly at your consultation.

Where can I find a New York SIJS lawyer near me?

Attorney Sharon Lieberman has handled SIJS cases in the Family Courts of Rockland, Orange, Westchester and Albany Counties and in all five boroughs of New York City, including Brooklyn, Queens, Manhattan and the Bronx.

Our New York office in Pearl River is centrally located, within easy reach of all five boroughs of New York City and Rockland, Orange and Westchester Counties. We also handle SIJS cases in Albany County and throughout New Jersey.

How can a New York SIJS lawyer help?

Attorney Sharon Lieberman has won over 115 SIJS approvals and has worked on SIJS cases referred by national child-protection organizations. She handles both stages herself, the Family Court case and the USCIS petition, so the court order is written from the start to satisfy USCIS, and the petition is filed the day the order is signed.

She works with families and children in English, Spanish, French, Russian or Hebrew, and from the first consultation can explain whether the child qualifies and how much time they have left to file.

If a child you care for is in New York and cannot safely return to a parent, book a consultation today. Bring the child’s birth certificate, any immigration court notices, and whatever you know about where each parent is now.

The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page or contacting Lieberman Law Group does not create an attorney-client relationship; an attorney-client relationship is formed only through a signed engagement agreement.