For general information on SIJS please click the link below:
https://www.peoples-law.org/special-immigrant-juvenile-status

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. A hearing may not occur until the time to vacate an order of default has passed.
(Default form CC-DR-054)
-In cases where one or both parents are deceased, copies of death certificates with a certified translation 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

• 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) 
• Petitioner/Plaintiff's Affidavit/Declaration
• *A copy of the plaintiff and minor child/children's most recent photo identification (school ID, learner's permit, driver's license, state-issued ID, etc.).
• *Proposed Orders

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 once the case is in a posture to move forward (i.e. consents/answers filed or a default has been entered and 30 days to vacate has passed). 

To avoid a delay in the processing of final orders, the parties may file a Waiver (10-day waiver) of their right to file exceptions to the Magistrate’s Report, Recommendations and Proposed Orders pursuant to Md Rule 9-208(i)(1)(A). The waiver MUST be signed by all parties.

Failure to comply with a final non-compliance notice may result in the removal of your hearing date or dismissal of your case. If a hearing is removed, the Plaintiff will have 30 days from the date of the hearing removal notice to correct any outstanding issues. Failure to do so will result in your case being dismissed. A Motion to Vacate Dismissal will be considered upon the filing of the requested documents as outlined in the non-compliance notices.

Please contact Jordan Allen at (240) 773-3992 or Diana Olsen, Supervising Case Manager, at (240) 777-9060 with any questions.