How Do I Petition the Court for Special Immigrant Juvenile Status (SIJS)?

For general information on SIJS please click the link below:

SIJS Custody

-A parent or 3rd party may file a Petition for Custody and Motion for Special Immigrant Juvenile Status.  Consent for custody and SIJS relief must be given by the non-residential parent(s).  If after proper service there is no consent, and the time for filing an Answer has passed, a Motion for Order of Default may be filed.  A request for default MUST be filed in advance of the hearing date.  If within a week of the hearing date, the Motion must be docketed by the clerk and hand delivered to the Specialty Case Manager.
(Default form CC-DR-054)
-In cases where one or both parents are deceased, copies of their death certificates with a certified translation, if not in English, must be filed. 

SIJS Guardianship

-To Petition the Court for Guardianship and SIJS relief, the child and all living parents MUST consent to the Guardianship.  A Show Cause Order will not issue until consents and/or death certificates are filed with the Court.  The Show Cause Order must be served upon appropriate parties, including parents who are living outside of the country.  Waiver of Service is NOT permitted to satisfy the service requirement. For more information on Guardianships please click the link to Understanding Guardianship Cases.

Montgomery County Circuit Court Policy in all SIJS cases

Required Documents
  • Original birth certificate of the minor with certified translation
  • Declaration of the minor in native language and certified translation
  • Parental consent to custody/guardianship in native language and certified translation
  • Waiver of Service is NOT permitted in custody cases, but alternative service may be accepted.
  • Death certificate or other proof of deceased parent with translation (if applicable) 

If the minor will be turning 21 within six months of filing it is extremely important that a motion for an expedited hearing is filed along with the petition (see MD Rule 1-351 for the rule on emergency/ex parte hearings). 

Upon the docketing of the request, the person filing the motion must bring the case file to the Specialty Case Manager located on the Third Floor – Juvenile Services, South Tower.

*Please note that non-emergency hearings may be set several months after the case is in the proper posture to proceed.

Please contact the Specialty Case Manager at (240) 777-9119 with any questions.