MOTION FOR SPECIAL IMMIGRANT JUVENILE (SIJ) PREDICATE FINDINGS

AND PROPOSED ORDER

Caption

[COURT NAME], [COUNTY/STATE]
In the Interest of:
[MINOR NAME], a minor. )
) Case No.: [NO.]
)
) MOTION FOR SIJ PREDICATE FINDINGS

Relief Requested

Petitioner moves for an order granting custody/guardianship/dependency over [MINOR] and making SIJ predicate findings:
1) The minor is dependent on the court or placed under custody/guardianship of an individual/entity.
2) Reunification with one or both parents is not viable due to abuse, abandonment, neglect, or similar under state law.
3) It is not in the minor's best interest to be returned to [COUNTRY OF NATIONALITY].

Suggested Filing Packet

• Motion (this document) with supporting memorandum citing state statutes and SIJ predicate standards.
• Declaration/affidavit of minor (if appropriate) and caregiver.
• Evidence of age/identity (birth certificate/passport with certified translation if needed).
• Evidence supporting abuse/abandonment/neglect (reports, affidavits, school/social worker letters).
• Proposed findings and order with the three SIJ predicates.
• Existing custody/guardianship pleadings (if part of broader action).
• Notice/service proof per state rules; interpreter request if needed.

Motion Outline (sample)

1) Introduction and jurisdiction (state juvenile/family statute; age threshold; residence).
2) Factual background (entry history, parental history, current placement).
3) Legal standard for dependency/custody/guardianship.
4) Reunification not viable (apply facts to state-law definitions: abuse/abandonment/neglect/similar basis).
5) Best interest not to return (country conditions, lack of caregiver, risks).
6) Requested relief and proposed order.
7) Signature and certificate of service.

Proposed Order Key Language (tailor to state)

• The Court takes jurisdiction over [MINOR] under [STATUTE].
• [MINOR] is dependent on the Court / placed in the custody or guardianship of [CUSTODIAN].
• Reunification with [PARENT(S)] is not viable due to [ABUSE/ABANDONMENT/NEGLECT/SIMILAR] as defined in [STATE STATUTE].
• It is not in [MINOR]'s best interest to return to [COUNTRY]; remaining in the United States under this Court's protection is in the minor's best interest.
• Court retains jurisdiction as allowed by state law.

Practice Notes

• Confirm state age limits (some allow SIJ findings up to 21; others cap earlier).
• Ensure findings cite state law definitions; avoid immigration-law terminology.
• If DHS/USCIS consent is implicated (placement into state custody by order), note that predicate order is for protection, not solely immigration.
• Seal sensitive records if permitted; use safe addresses.
• Coordinate timelines so order precedes or aligns with I-360 SIJ filing.