When children enter the U.S. immigration system without parents or legal guardians, their journey is rarely straightforward. Many have fled abuse, neglect, or abandonment in their home countries. For these minors, Special Immigrant Juvenile Status (SIJS) offers a path to safety and stability. But navigating SIJS isn’t only about filling out forms. It requires a deep understanding of trauma, mental health, and how those factors intersect with legal proceedings.
Trauma doesn’t exist in a vacuum. It affects memory, trust, communication, and the ability to engage with the legal process. For immigration lawyers working with children seeking SIJS, recognizing these realities is essential to providing ethical, compassionate, and effective support.
What SIJS Is Designed to Do
SIJS is a humanitarian immigration classification available to certain undocumented children in the United States. It provides eligible minors with a route to lawful permanent residency if a state court determines they cannot be safely returned to one or both parents.
To qualify, a child must:
- Be under 21 years old at the time of filing the SIJS petition
- Be unmarried
- Be declared dependent on a juvenile court or placed in the custody of a state agency or an individual appointed by the court
- Have a finding that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law
- Have a determination that it is not in their best interest to return to their country of origin
On paper, it seems straightforward. In reality, it’s emotionally heavy work, and the path is filled with legal and psychological hurdles.
How Trauma Shapes the Legal Journey
Many children eligible for SIJS have experienced multiple forms of trauma. These might include violence at home, dangerous journeys across borders, or time spent in detention. The long-term effects of such experiences can show up in different ways—withdrawal, lack of trust, trouble recalling events in detail, or fear of speaking openly.
This is where trauma-informed lawyering becomes crucial.
A trauma-informed approach acknowledges that these children are not just clients—they are survivors. They need space to feel safe and be heard. Lawyers should avoid re-traumatization by using careful language, being patient, and allowing the child to share at their own pace.
Additionally, children may have trouble understanding the legal process, especially if they struggle with mental health issues such as anxiety, PTSD, or depression. A trauma-informed attorney recognizes these dynamics and adjusts accordingly, taking extra time to explain steps clearly and gently.
Creating a Child-Centered Legal Strategy
Because SIJS cases involve family court proceedings, attorneys must be prepared to step into legal spaces that are different from immigration court. Family court judges expect different types of evidence and typically want to see clear signs of harm, parental unfitness, or abandonment. In these hearings, the minor’s mental health history may be relevant to prove why reunification with a parent is not viable.
Legal teams should collaborate closely with social workers, school counselors, and mental health providers to build a full picture of the child’s background. This team-based, trauma-aware strategy ensures that no piece of the puzzle is left out.
Furthermore, attorneys should be prepared to explain how cultural background, stigma, or language barriers may have delayed a child’s access to mental health care. These factors can influence a judge’s understanding of the case and must be addressed with sensitivity and context.
Mental Health After Obtaining SIJS
Once SIJS is granted, and the child applies for permanent residency, the journey isn’t over. Many children continue to deal with mental health challenges related to their past. Adjustment to life in the United States can also bring its own stressors—new schools, unfamiliar customs, and often the pressure to support family members back home.
Lawyers should work with community organizations that offer trauma counseling, support groups, or culturally appropriate therapy. These resources can help children begin to heal and find stability beyond the legal process.
Additionally, continued support is essential when minors age out of foster care or lose access to services as they turn 18 or 21. Knowing what local programs are available helps legal professionals ensure that their clients do not fall through the cracks.
A Call for Empathy and Patience
The SIJS process isn’t quick. It often involves delays, long wait times for visa availability, and complex documentation. For a child who has already experienced years of instability, this can be deeply discouraging. That’s why consistent communication and clear guidance are so important.
Legal professionals should set realistic expectations but also advocate fiercely to move cases forward. Where possible, expedited filings, strong evidence, and early involvement from a trauma-informed legal team can make a meaningful difference.
Schedule a Consultation with Saavedra & Perez Law
There’s growing awareness within the legal field that trauma-informed practices are not optional—they are necessary. Judges, asylum officers, and USCIS adjudicators increasingly recognize the need for sensitive approaches when working with vulnerable populations. Still, the responsibility often falls first on the legal team to lay the groundwork.
The more attorneys approach SIJS with empathy and a firm understanding of mental health issues, the more likely children will find justice—not just on paper, but in their lived experience.
At Saavedra & Perez Law, we understand that every child seeking SIJS comes with a unique history and set of challenges. Based in Fairfax, Virginia, our firm takes a trauma-informed approach to each case, ensuring that our clients feel safe, supported, and truly heard. We are committed to guiding young immigrants with compassion and professionalism as they build a path toward healing and a secure future.