Nebraska Court Rules on SIJ Status for Immigrant Kids
Claudina Salguero-Arriaza escaped abuse in Guatemala, brought her two children to Nebraska, and won sole custody in court. But the judge refused to make the additional findings her kids needed to apply for a green card — and she had to appeal. In September 2026, Nebraska's appeals court told the lower court to try again.
You fled to the US with your children to escape abuse. You went to court, won sole custody — and then the judge still refused to make the findings your kids need to apply for a green card. That is exactly what happened to Claudina Salguero-Arriaza, a Guatemalan mother living in Nebraska.
On September 8, 2026, the Nebraska Court of Appeals issued a ruling in Salguero-Arriaza v. Navarijo-Davila that partially reversed a lower court's decision on special immigrant juvenile (SIJ) status — a legal classification that allows certain immigrant children who have been abused, neglected, or abandoned to apply for lawful permanent residence (a green card). The Douglas County district court had awarded Claudina sole custody of her two children and found that their father, Juan Navarijo-Davila, had abused her. But the lower court stopped short: it made no finding on whether Juan had abused or neglected the children themselves, and it said there was not enough evidence to assess the children's safety in Guatemala. The appeals court found those gaps were a problem.
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Under Nebraska law (Neb. Rev. Stat. § 43-1238(b)), a court handling a child custody case must either make the SIJ findings the family requests or clearly explain why the evidence was not credible or was insufficient. The lower court did neither cleanly. The appeals court affirmed part of the December 2025 order — including the custody award — but vacated the SIJ portion and sent it back to the district court with specific directions to reconsider the findings on abuse, neglect, abandonment, and whether returning the children to Guatemala would be in their best interests. The standard the lower court must apply: if the preponderance of the evidence (meaning more likely than not) supports the findings, the court must issue them.
This case matters beyond one family. It confirms that Nebraska state courts — including those handling paternity and custody cases — have the authority and the legal duty to make SIJ findings when a parent requests them. It also makes clear that a judge cannot simply stay silent on key questions. If the evidence is there, the findings must follow. USCIS then uses those state court findings to decide whether the child qualifies for SIJ status and can move toward a green card.
What to do
- If you have children who were abused, neglected, or abandoned by a parent, ask your immigration lawyer whether SIJ status is an option — it can lead to a green card and does not require the other parent's cooperation.
- When you file a custody or paternity case in Nebraska (or another state), ask your family law attorney to also request SIJ findings in the same proceeding. State courts with custody jurisdiction can make these findings.
- If a court denies or ignores your SIJ request without explaining why the evidence was insufficient, that ruling may be appealable — as this case shows.
- Gather documentation of abuse, neglect, or abandonment: police reports, medical records, school records, witness statements, and any communication history (or proof of no communication) with the absent parent.
Related: our step-by-step guide — “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling reinforces that Nebraska state courts cannot dodge SIJ findings by simply calling the evidence 'insufficient' without analysis — they must engage with the record. If you are a parent in a custody case and your child entered the US after being abused or abandoned by the other parent, request SIJ findings explicitly in your motion; do not assume the court will raise it on its own. Because SIJ status requires both a state court order and a separate USCIS petition (Form I-360), timing matters — consult an immigration attorney who also understands family court procedure before your next hearing.
Frequently Asked Questions
What is special immigrant juvenile (SIJ) status?
SIJ status is a federal classification for immigrant children who have been abused, neglected, or abandoned by one or both parents. It allows the child to apply for a green card (lawful permanent residence) in the US. A state court must first make specific factual findings, and then the child files a petition with USCIS.
Does my child need both parents' consent to apply for SIJ status?
No. SIJ status is specifically designed for situations where one parent has abused, neglected, or abandoned the child. The absent or abusive parent does not need to agree or participate.
Can a regular family court or custody court make SIJ findings, or does it have to be an immigration court?
A regular state court that has jurisdiction over your child's custody case can make SIJ findings. Immigration courts do not make these findings — that is the state court's job. USCIS then uses those findings to decide on the child's immigration status.
What happens if the state court refuses to make SIJ findings or ignores the request?
As this Nebraska case shows, you may be able to appeal. The court is required by law to either make the findings (if the evidence supports them) or clearly explain why the evidence was not credible or sufficient. A flat refusal or silence on the issue can be grounds for appeal.