PREDICATE ORDERS

For children seeking immigration protection through Special Immigrant Juvenile Status (SIJS), a predicate order, also known as a dependency order, is a critical first step. This court order establishes the legal findings required for a child to qualify for SIJS and ultimately pursue lawful permanent residence in the United States.

At AKN Immigration, we assist children, parents, guardians, and caregivers with obtaining properly drafted predicate orders that meet both state court requirements and federal immigration standards. These cases are time-sensitive and require careful coordination between state and immigration law.

What Is a Predicate Order or Dependency Order?

A predicate order is a court order issued by a state juvenile, family, or dependency court that contains specific findings required by U.S. immigration law for SIJS eligibility. Immigration authorities rely on this order to determine whether a child qualifies for protection under Special Immigrant Juvenile Status.

Although issued by a state court, the order must include language that satisfies federal immigration requirements. If the order is incomplete or improperly drafted, USCIS may deny the SIJS petition—even if the child otherwise qualifies.

Why Predicate Orders Are Required for SIJS

Predicate orders serve as the foundation for a Special Immigrant Juvenile Status case. Without a valid predicate order, a child cannot file for SIJS. The order must establish that the child has been placed under the jurisdiction of a qualifying court and that specific findings have been made regarding the child’s welfare.

In general, a valid predicate order must include findings that:

• The child has been abused, neglected, or abandoned by one or both parents
• Reunification with one or both parents is not viable
• It is not in the child’s best interest to return to their country of nationality

Each of these findings must be clearly stated and supported under state law.

Courts That Can Issue Predicate Orders

Predicate orders may be issued by various state courts, depending on the child’s circumstances and state law. These may include juvenile courts, family courts, or probate courts. The court must have legal authority over the child’s custody, care, or placement at the time the order is issued.

AKN Immigration works closely with families to ensure that the correct court issues an order that meets immigration requirements.

Common Problems With Predicate Orders

Predicate orders are often denied by USCIS due to technical errors rather than substantive issues. Common problems include missing required findings, vague or incorrect language, lack of jurisdiction, or orders issued after a child has aged out of eligibility.

Because SIJS is time-sensitive, correcting these issues after the fact can be difficult or impossible. Proper preparation at the state court level is essential.

How AKN Immigration Helps With Predicate Orders

AKN Immigration provides strategic guidance throughout the predicate order process. We help identify the appropriate court, coordinate with state court proceedings, and ensure that proposed orders include the required findings under both state and federal law.

Our role is to bridge the gap between state court practice and immigration requirements, reducing the risk of delays or denials later in the SIJS process.