SIJS Approval Success — Guatemalan Teen, Neglect Evidence Yielded I-360 Before 21st Birthday

IMMIGRATION LAW SUCCESS · SONG LAW FIRM SIJS SERIES

Case Summary

A 17-year-old Guatemalan girl (Client A) entered New Jersey through grandparent sponsorship. She was suffering from academic underperformance and depression due to long-term neglect by both parents — years of no contact, unpaid child support, and untreated medical needs. Roughly three years and eight months remained before her 21st birthday, but given USCIS I-360 backlogs and NJ Chancery hearing times, that runway was tighter than it appeared.

Intake and Strategy

Within the first week, Song Law Firm's immigration team locked in three decisions:

1. Forum: NJ Chancery Division · Family Part (Bergen County) — the grandparents were the de facto caregivers, so we filed the guardianship petition and the SIJS predicate order motion together.

2. Evidence Priority: school attendance record (41 unexcused absences) → grandparents' sworn affidavit → homeroom and guidance counselor statements → DCPP involvement history (safety plan).

3. Timeline: To avoid the 21-year age-out, secure the predicate order within six months of Client A's 18-year mark.

Path to the Predicate Order

• Months 1–2: Subpoenaed school records; filed the grandparents' guardianship petition consolidated with the SIJS motion.
• Month 3: Secured sworn affidavits from the guidance counselor and pediatrician; pushed DCPP for expedited document release.
• Month 4: Hearing before NJ Chancery Division. The judge entered findings of fact on all three statutory elements — minor, non-viable reunification due to neglect, and not in the applicant's best interest to return. Guardianship was granted simultaneously.
• Month 5: Filed the I-360 petition at USCIS Vermont Service Center — applicant as petitioner, grandparents as sponsor.

USCIS Adjudication and Approval

• Month 8: I-360 approved on initial adjudication with no RFE. Priority date locked in for the I-485 queue.
• Month 12: Employment Authorization Document (EAD) approved. Client A started a part-time job while attending school.

Three Decisive Factors

1. DCPP substantiated finding — the safety plan was pivotal in the judge's finding that neglect had actually occurred.

2. Three non-family adult affidavits — statements from the homeroom teacher, guidance counselor, and pediatrician neutralized bias concerns.

3. Consolidated guardianship motion — filing separately would have delayed the hearing by six months and exposed us to age-out risk.

Takeaways

USCIS SIJS backlogs vary by country of origin, so priority-date management and age-out risk must be recomputed for each case. Findings-of-fact language requirements vary judge to judge in NJ Chancery Division; the practice standard is to prepare a draft order in advance so the judge signs on the day of hearing.

About the Approval Documents

This success story is based on an actual SIJS-approved matter handled by our firm. The original approval documents have not been posted here to protect client confidentiality. If your situation is similar, please schedule a consultation for an individualized case review.